my nephew was omitted from the trust by clerical error we beleive as my mother loved the kid and we all thought she would include him.
we asked the trustee to include him as he agreed the grantor intended for him to be included.
the trustee asked for all listed beneficiries to make a letter requesting that all agreed.
one was made and given to his atty of representation.
trustee said atty did not like the wording so advised him not to accept it.
for some reason we all thought that was the end of it. that if the atty rejected the request the kid was out.
now i read the trustee duties and i wonder if he was supposed to inform the court?
If the trustee knew the grantor intended for the kid to be included and believed he wasnt due to clerical error, was he supposed to inform the court even if none of us asked him too?and if true,
shouldnt the atty have known that was the proper method, and informed the trustee?