Q: Testamentary Trust established in 1975.
Father died with Testamentary Trust. Mother was managing. She has now died, and had a trust also. Her trust is now irrevocable. Does his Testamentary Trust have to go through probate again, since it had already been in probate to establish it from his Will?
A: Some facts are missing so it is not possible to answer your question, but the short answer is if anything was distributed from the testamentary trust outright to your mother, then those assets would be part of her probate estate. Otherwise, no, all you need to do is follow the process spelled out in the testamentary trust for trustee succession and for what is supposed to happen upon your mother's death.
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