Three years ago my husband and I created a will through attorneys who were elder law specialists. Our assets were left to one another if one...

Question

Three years ago my husband and I created a will through attorneys who were elder law specialists. Our assets were left to one another if one of us died with the individual trusts going to our respective children (this is a second marriage) upon the survivor's death. I just learned that my husband has created a new will removing me from any executorship, power of attorney, or trusteeship. He was not planning on telling me of these actions. I found out by accident. I need to know if there is anything I can do, especially since this was going to be his own little secret.

Answer

From a non-legal side, I would probably talk to your husband about this. From a legal side, you need to consult with an attorney and look into changing your will and trust so that your children are protected. You may have to re-title assets too.

Answer

I agree with Attorney Rosner. Your post raises a lot of things which are not "legal" issues, but marital ones. You need to talk this over with your husband and/or get some marital counseling maybe.

If that will not work, obviously your husband has changed his mind about things. Fortunately or unfortunately, that is his right. Wills and revocable living trusts can be amended at any time prior to death. And your husband does not need your perrmission to do that. Nor can you "force" him to make you the executor or trustee or agent under a POA.

Based on what you have stated, it appears that your husband has removed you from being executor of the estate and trustee. Why? Being in charge of the estate (if he has a trust there should not be much to probate anyway) or trust is not the same as disinheritance. without knowing more about this, I cannot speculate on motives, but maybe it was not done for a nefarious purpose. You do not indicate your age. Could it be that you are both getting up in years and he chose to put the burden of handling finances on someone else while leaving your rights to inherit intact? Who was made the executor and trusttee? His children? A lawyer or abanker? Maybe your husband knew how you would react and chose not to tell you? Or did he also change the inheritance provisions because he is thinking of ending the marriage?

I can't speculate and that is why you need to discuss this with your husband if its feasible or get him to go to counseling. Regardless of whether the marriage can be saved or not, you need to think about your own property and possessions and children of your own if you have any. What I suggest that you do is take a copy of the will and trust that was done as well as the new documents executed by your husband.

You need to pay the attorney to review. If you have your own trust then amend it (I assume it is also a revocable living trust), remove your husband as trustee/executor and change the distribution from your husband to children or whoever you wish. You should not have to re-title assets if they are solely in your own trust. If the assets are in your husband's trust, then this will be problematic. Do not go back to the original attorney who did your will and trust. If the attorney represented both you and your husband there is now a conflict of interest and it would be better if the attorney did not represent either of you. Find another elder law attorney - there are lots of them in your area. Many are also here at Law Guru (Miriam Jacobson comes to mind but there are others).

If the marriage cannot be saved, then you need to also see a family law attorney.