Danville, CA asked in Estate Planning for California

Q: Can my wife and I be compelled by a Texas court to reveal the details of our revocable, living trust?

My son and his spouse live in Texas and are divorcing. My son received an order from a Texas court that he produce items requested by the spouse's attorney. One item requested were any documents related to his parent's trust. We live, and our revocable, living trust was created, in California. Both Trustees (my wife and I) are still living. Our attorney indicated that we cannot be compelled to divulge the contents of our revocable, living trust. What are revocable trust disclosure requirements in Texas when the Trustees are still living? What could happen if we just refused to produce the documents? Could they be subpoenaed by the Texas court? What is the potential harm to our son living in Texas if we refuse to give him the documents ordered by the Texas court?

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1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: You posted this in California for California attorneys to answer, but most California attorneys do not know Texas law. Some might, but most are not licensed in both states. If you are asking a question about Texas law, you should post it under Texas.

In the meantime, you might want to talk to your California estate planning attorney about options available to you to prevent the possibility of your son's divorcing spouse ever getting her hands on his inheritance.

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