Kingman, AZ asked in Estate Planning and Probate for Texas

Q: Is there recourse if a trustee tells a beneficiary they aren't in the will when in fact they are?

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
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Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor is required to send notice to beneficiaries under the Will and to report having done so to the Court. There are exceptions for beneficiaries who will receive less than a certain amount, who will receive their gifts under the Will within six months, who have made an appearance, etc. If you find that you do not fall within one of these exceptions yet have not been notified, your best course of action may be to contact the executor or the executor's attorney: letters do get lost.

Teri A. Walter agrees with this answer

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