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Does a trust have to go through probate?

Hello, my mentally disabled uncle died recently. His portion of my grandfather's estate was put in trust, for obvious reasons. My uncle was unabel to live independently. My uncle had two sisters, my aunt and my mother. What will happen to my uncle's portion of the trust, now that he had died. I am assuming it will go to my aunt and mother being that my uncle had no children. I can't imagine my grandfather stipulating anything different. Will my uncle's estate disperse quickly or does it go through probate? Does the bank continue to manage it or not? Thank you.

Feb 12, 2017 by Emily in  |  Flag
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Chris Schiffer Level 14

Emily, The management and disposition of a trust is the responsibility of the trustee(s) and should fall out of the probate process. The trust can be for multiple beneficiaries and might not be impacted by the passing of your uncle. It may continue for the benefit of other beneficiaries named in the trust document. The bank might be a corporate trustee or it may just be managing the investments. You may ask the trustee, but they may not have an obligation to share any information with you. You should consult an attorney with regard to the law in your state and its applicability to your grandfater's trust and what your options are. I hope this helps point you in the right direction. Chris

Comment   |  Flag   |  Mar 12, 2017 from BASKING RIDGE, NJ

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