If I am a co-trustee on a Will with my sister and we are granted an informal unsupervised probate, can it be changed to supervised if I’m uncomfortable with the other trustee’s actions?

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If I am a co-trustee on a Will with my sister and we are granted an informal unsupervised probate, can it be changed to supervised if I’m uncomfortable with the other trustee’s actions?

The distribution of the Will has started. Who pays for the supervised probate? Is it the family estate or the person that is asking for it to be supervised?

Asked on February 21, 2012 under Estate Planning, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your sister are joint executors under the Will that you are writing about and you are uncomfortable as to what she is doing with respect to the estate, you can file a petition with the court seeking an order from it that each of the executors' actions with respect to the estate will be supervised as opposed to unsupervised.

You need to state the reasons for the request with particularity. Not all such requests that you may want to do are approved by the court. I suggest that you consult with a Wills and trust attorney about your desire to seek a supervised probate of the estate you are writing about.


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