My daughter is the beneficiary of a testamentary trust, where her trust gets a set amount of money from the estate. I have been told I will not be given any knowledge of the proceedings or of the will itself because my daughter is not a beneficiary of the will. She is 6, by the way, and I am her legal guardian, so I represent her in these matters. I was told the trust is the beneficiary of the will, so I am not entitled to notices of proceedings or a copy of the will. Is what I'm being told correct? I would think she was a beneficiary of the will, even if what she inherits is in trust. The will has not been probated yet, or I would just get the information from Probate Court. However, I don't like the fact that no one will tell me anything.
1 Answer from Attorneys
Probate is an open process where documents can be viewed as part of the public record. Once the probate occurs, you have the opportunity to view those documents. It does not appear as though you know who the probate attorney is going to be but as legal Guardian for your daughter, I hope that you, the probate attorney, the Executor of the estate and the Trustee of the testamentary trust will have good working relationships with one another.
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