[WSBAPT] Estate Planning/Divorce Discovery Issue

[Heather deVrieze]

In my humble opinion, the only trust information relevant or available to the husband in the divorce proceedings is that pertaining directly to the couple’s personal assets. I don’t fully understand the issue of the promissory note, but if the couple, or either of them have been loaning mom money, that is relevant. If mom has been loaning the couple or either of them money, that is also relevant and should be available information. If daughter as fiduciary is managing her mom’s money, that doesn’t seem pertinent. I would object if I were mom’s attorney, or attorney for daughter as trustee/attorney-in-fact for mom.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Boaz Weintraub
Sent: Wednesday, June 22, 2016 1:40 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Estate Planning/Divorce Discovery Issue

Dear Listmates:

I represent husband in a divorce. The wife transferred her separate accounts which are substantial to a new financial institution. We have subpoenaed the financial institution for all account statements related to all account in the wife's name.

The wife's mother is 99 years old, incapacitated, and has substantial accounts held in trust. The wife has power of attorney over the trust. We don't know the extent of her powers, but she was able to execute a promissory note for $2,000,000 on behalf of her mother's trust transferred to the couple for estate planning purposes.

The wife now objects to the subpoena since it will produce her mother's trust account statements that she is a signator on which she says is irrelevant.

My question is can a trusts's account statements disclose the nature of a trustee's legal interests in the trust, powers of attorney, or any other legal interests that may be relevant to a divorce case?

Thanks very much in advance for any input.

Bo Weintraub
--
Boaz "Bo" Weintraub  | JD, LL.M.

Weintraub Law Office, PLLC

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