Legal Question in Wills and Trusts in Georgia
My friend's brother has been the POA of their father's estate, and the executor of his mother's estate (a bypass trust) for 11 years. The father recently passed away. My friend has never seen the records because her brother was very guarded and controlling. Now my friend wants to see all the records from both estates before distribution of the roughly two million dollars contained in the estate(s). What records does she have the legal right to see, being one of the primary heirs to both estates? Thank you
2 Answers from Attorneys
The answer depends in part on the language of the trust.
With that much at stake, she would want to see a lawyer and determine if she should file paperwork with the probate court seeking an accounting.
Have your friend read the trust. Its language will control generally as to who is entitled to notice and accountings and how that can be requested. State law may also address this. Different states have different laws, so your friend should consult with a probate and trust attorney in the county/state where the trust itself exists (again, read the trust to see whether it discusses which state's laws govern), not where the trustee resides.
With $2 million at stake, your friend should not do this on her own. She should seek out a competent attorney.
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