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Message: <blockquote data-quote="Mistwell" data-source="post: 7998109" data-attributes="member: 2525">He's a beneficiary I believe. He has standing to challenge the trustee actions under the trust.All true, and not what I am referring to.There is a family trust. Gail Gygax manages that trust, and she is a beneficiary along with, I think, all the children of Gary Gygax including Luke, to some extent (though I have not seen the trust and don't know that first hand).If the kids of Gary think the trust is not being managed based on the dictates laid down by Gary when he was alive, then the submission of a later will which indicates the wishes of Gary when he was alive concerning the management of his assets after his death can result in a court order forcing the Trustee (Gail) to distribute trust assets differently than she was previously distributing them in her management duties.  The will wouldn't be used to override the old will - it would be used as evidence of the decedent's wishes concerning how he wanted his assets distributed under the trust. This can be done at any time. It's not a challenge to the prior will - it's a challenge to the decisions of the trustee under that old will. It's somewhat similar to bringing a new action concerning an old child support case. You can bring an action concerning a settled probate matter if the action is about management of the estate under that probate. In fact, a lot of probate court cases are concerning old probates.For example (and this example has nothing to do with this particular matter it's just an example of how this can work years later), if in probate in 2005 it's decided a trustee is supposed to distribute money from a trust to pay for a child's education when they reach age 18 (which is 15 years later in 2020), and then when 15 years comes around the trustee refuses to distribute that money because they don't like the college the child chose to attend, the child brings a new action in probate court concerning the old probate to decide the question of whether the Trustee has acted in the interests of the beneficiaries and the desires of the decedent. That would be a fairly standard probate matter.  Probate decisions can be opened many years later if there is a legitimate dispute concerning the decisions of the trustee of a trust.Actually we don't know that.We have no reason to believe they knew about it in 2008, unless you have information I do not have.</blockquote>

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