Probate--Should I contest a Trust and/or Will?
3 attorney answers
Also, if the house is in the trust there would only be an estate opened if there were other assets held outside of the trust.
Answers to questions are for general purposes only and do not establish an attorney-client relationship
It sounds like you don’t want to contest a will or trust as much as you just need to know if you’re included and what it provides. Once you know that, you may or may not be able to contest the instrument or the actions taken by the executor and/or trustee.
It also sounds like you know that your niece is the current trustee. You can write her a letter asking if you are a beneficiary of the trust and requesting a copy of the trust instrument, or you can have a lawyer do it for you.
Assuming all of your father's assets were owned by his trust, then nothing will be filed in probate court. If you are a beneficiary of the trust, then you are legally entitled to a copy of the trust agreement. Otherwise, neither the trustee nor the trustee's attorney is obligated to respond to your requests. As someone who practices in the area of wills, trusts, and estates, I am a very careful about communicating with third parties who are not my client. This is particularly true if it is merely an email. I suggest hiring an attorney to write a formal demand letter. The response to that letter, and there would likely be one, would tell you whether you have any additional legal claims and whether this matter is worth pursuing.
The answer given above is informational only in nature and does not constitute legal advice or create an attorney-client relationship. The outcome of your case will depend on the specific facts of your situation. You should consult in depth with an attorney. Only a thorough examination of your specific facts will ensure that your matter is dealt with completely and accurately.