If I have to go to probate court for a matter involving a Trust but live in another sate, do I need to go before the court or may I have an attorney appear for me?

I was named in a Trust by my mother but my father asked the court to withhold my share since he felt I wasn’t responsible enough to have it. That was 12 years ago. I just received a copy of that Trust. I “couldn’t” be located at the time of the probate and the court granted his wishes.

Asked on September 8, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The courts can require that a party appear but if you are in a different state and it is a hardship then your attorney can make a first appearance and state your case on your behalf.  If, however, testimony is going to be needed (such as a hearing which seems likely here) then you are going to have to go (unless state law allows for testimony under oath in a different way, such as a deposition by an attorney in another state, etc).  Get's complicated. And expensive.  Good luck.


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