Dear Readers: This column originally ran in 2023 but I received a similar question recently, so I am rerunning this response. Enjoy — and enjoy the beautiful “car” scenery on our roads!

Q My aunt died two years ago and her son, my cousin, became the trustee of her trust. My siblings and I are beneficiaries of Auntie’s trust and it is substantial. We are grateful. The problem is my cousin was not doing anything and here we are, two years later, and still nothing has been done to finalize the estate. We finally got him out and appointed a professional as trustee. Unfortunately, my cousin is spreading information all over town about what I am going to inherit from Auntie’s trust! Complete strangers have approached me to ask if they can buy properties that I have not even received yet! I asked my cousin to stop giving out all this information, but he continues to disclose details. I am one of those people that keeps my finances close to the vest and I am mortified. Despite my requests, my cousin continues to provide detailed information to everyone and, of course, people have believed him since he was the trustee. Help!

A A trustee has a duty of confidentiality and should not disclose any information regarding the trust, its beneficiaries or even the existence of the trust unless there is a compelling reason to do so. Clearly, your cousin has no compelling reason to disclose details of what you will be receiving — especially now since he is no longer the trustee! There are certain situations in which a trustee must disclose information about a trust, the assets held by the trust and the beneficiaries but the reason why trusts are popular is because, unlike probate, trusts generally remain private.

Litigation and other court actions can disclose details of the trust to the public and taxing authorities are entitled to information on the assets and beneficiaries, but your cousin sounds completely out of line. Speak with an attorney. Perhaps a strongly worded letter will emphasize to your cousin that you are serious when you tell him to zip it!

Q My sister died suddenly and we are not sure if she did any estate planning. We are in the dark about what she wants done in terms of a funeral or other celebration or how she wants her sizable estate distributed. I am her only sibling, and I have three children. We called an attorney and will meet with her soon but what can I do in the interim? The county is doing an autopsy since she died at home but, once that is completed, I need to know what I can do in terms of burial or cremation.

A My condolences on the sudden loss of your sister. First thing to do is make a thorough search of her home to see if you can find any notes or other documentation about her wishes. This could include her burial wishes and may include a handwritten will regarding distribution of her estate.

You should contact the local bar association to see if they will put out a group email to membership to see if anyone may have worked with your sister regarding estate planning. If she had a safe deposit box, you could check it for documents. Unfortunately, barring any official standing — meaning you are not a successor trustee or an executor since no documents can be found, the bank will make you wait 40 days before they allow you access the box.

Regarding burial or other disposition, you should do the best you can to infer her wishes. If your search does not yield any documents, her estate will pass by way of intestate succession which means it would go to your sister’s spouse, if any, then to her kids. If she had neither, it would go to her parents, if living and, if not, her estate would go to her living siblings — meaning you. You also have standing to petition the court to be appointed as administrator of her estate.

It is unfortunate to be operating in the dark regarding your sister’s wishes. Just another example of how important it is to have our estate planning in order no matter what our age!

Liza Horvath has more than 30 years of experience in the estate planning and trust fields and is the president of Monterey Trust Management, a financial and trust management company. This is not intended to be legal or tax advice. Questions? Email liza@montereytrust.com or call (831)646-5262.