[WSBAPT] Estate Planning/Divorce Discovery Issue

[Boaz Weintraub]

Ms. deVrieze,

The trust has been loaning and gifting money to the couple. I agree the
request for statements on the mere basis the wife is a
signator would otherwise seem irrelevant.

Thanks for your input.

Bo

On Wednesday, June 22, 2016, Heather deVrieze <heatherd at westseattlelaw.com>
wrote:

> 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*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
> <javascript:_e(%7B%7D,'cvml','heatherd at westseattlelaw.com');>
>
> www.westseattlelaw.com
>
> ****For your advance planning---Heather will be out of the office July
> 11-22. Any matters arising during that time can can likely be addressed by
> one of the other attorneys in the office, or Heather will attend to them on
> her return. Thank You.****
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','wsbapt-bounces at lists.wsbarppt.com');>
> [mailto:wsbapt-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','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
> <javascript:_e(%7B%7D,'cvml','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
>
> T *(425) 374-4045 <%28425%29%20374-4045>* |  F *(425) 274-7019
> <%28425%29%20274-7019>*
>
> www.weintraub-law.com  |  bw at weintraub-law.com
> <javascript:_e(%7B%7D,'cvml','bw at weintraub-law.com');>
>
> Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA 98006
>
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> Washington  98011
>
>
>
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>
> Thank you.
>
>
>


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

Weintraub Law Office, PLLC

T *(425) 374-4045 <%28425%29%20374-4045>* |  F *(425) 274-7019
<%28425%29%20274-7019>*

www.weintraub-law.com  |  bw at weintraub-law.com

Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA 98006

Bothell Office: 19125  Northcreek Parkway, Suite 120, Bothell,
Washington  98011

IMPORTANT/CONFIDENTIAL: This e-mail and any attachments may contain
confidential information protected by the attorney-client privilege or
other privileges, and intended for use only by the intended recipient(s).
If you have received this e-mail in error, please do not read, reproduce or
distribute the contents, but rather, please immediately notify the sender,
delete the e-mail and destroy all copies of the e-mail and any attachments.
Unless otherwise expressly stated herein, any advice contained in this
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and cannot be used, for purposes of avoiding tax penalties that may be
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Thank you.
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