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NY State question

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nhguy235

Junior Member
What is the name of your state (only U.S. law)? NY question but I live in NH.
My mother died 3 years ago in niagara Falls, NY and had a will and revocable trust both drawn in NY State (Niagara Falls). My sister is the trustee. the trust contains a disability trust clause for my other sister. The will stated, and my mother made it clear verbally to all 4 children verbally, in addition to stating it in her will, that , at death, each child (4 total) was to recive an equal distibution of her estate. However, my sister that is the trustee placed all assets into the disability trust and refuses to not only distribute our shares but will not even tell us how much the value is of the estate or trust. The trust clearly states that only my sisters share (the one in the disability trust) was to fund the disability trust. Instead, my sister the trustee says it is the "right" thing to do so for my other sister in the disability trust. My contention is the "right" thing to do is what my mother expressed clearly in her will which is to distribute the shares to the other siblings.
My question is: Since we can not afford legal counsel in NY, or anywhere else, is there a way to get her, my sister the trustee, to make the distribution an to provide information regarding the amount in the estate. My sister, the trustee, simple will not respond to us in these matters anymore and says she is "pissed" about having her judgement questioned. I would like to handle this myself so if someone could just tell me who to contact or what form to file I'd appreciate it. My sister the trustee lives in MA, I live in NH, my brother, who is as unhappy as I am, lives in Niagara Falls, NY, and my sister in the disability trust, who, of course, is fine with getting everything, lives in the southern part of NY state. Please help-I just want this to get done and out of our lives.-NHguy235
 


anteater

Senior Member
First... Please don't make duplicate posts in different forums.

Second... A trust and a will are different beasts. A trust only controls the assets that are placed in the trust. And the trust document should have provisions dealing with the disposition of the assets in the trust. The provisions of the will do not control the assets that have placed in the trust.

A will is admitted to probate and the will's provisions control the disposition of probate assets - those assets that are not in the trust or jointly owned with right of survivorship or that have designated beneficiaries, etc.

However, my sister that is the trustee placed all assets into the disability trust...
How and when did she do this? And what are the terms of the trust? Who are the beneficiaries of the trust?

I would like to handle this myself so if someone could just tell me who to contact or what form to file I'd appreciate it.
To be frank, you and your brother need to retain an attorney. Or be prepared to spend many long days in a law library. This is not situation that can be resolved simply by contacting someone and/or filling out a form.
 

nhguy235

Junior Member
I Will Retain a Lawyer for this

I apologize for the duplicate posts in 2 different forums-I'm new to this and appreciate knowing that. I removed the duplicate post.
We, my brother and I, will seek legal advice and retain an attorney as this is obviously something we cannot handle ourselves. I thank you for taking time to offer an opinion on this matter.-nhguy235
 
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anteater

Senior Member
I apologize for the duplicate posts in 2 different forums-I'm new to this and appreciate knowing that. I removed the duplicate post.
Thank you. The problem is that when you get conversations going on the same subject in two different places, responders lose track of what has been said where.

We, my brother and I, will seek legal advice and retain an attorney as this is obviously something we cannot handle ourselves.
That's a good path. Help yourselves out and try to save some attorney expense by gathering as much documentation as you can. Copies of the will and the trust. A list of your mother's assets when she passed away. The ownership of those assets when she passed away - owned in her name or owned in the name of the trust. Changes, if any, to the ownership of the assets since your mother passed away.

You and your brother want to understand what has occurred and where matters stand. And be able to explain it succinctly in a couple minutes.
 

nhguy235

Junior Member
That's a good path. Help yourselves out and try to save some attorney expense by gathering as much documentation as you can. Copies of the will and the trust. A list of your mother's assets when she passed away. The ownership of those assets when she passed away - owned in her name or owned in the name of the trust. Changes, if any, to the ownership of the assets since your mother passed away.

You and your brother want to understand what has occurred and where matters stand. And be able to explain it succinctly in a couple minutes.
Reply: Well, that is the problem. The only one that knows these things is my sister (the trustee). We have a copy of the will and trust but cannot get any other information from her (will not disclose amounts that went to probate under will or amount of assets in trust either at time of death or now-or what changes have occurred during this time). How can we "make" her disclose this so we can provide the information you suggested to an attorney when we meet with her/him? She simply refuses to tell us anything. nhguy235
 

anteater

Senior Member
You said that your mother resided in Niagara County and your brother still resides there. Ask your brother to visit the Surrogate's Court (apparently located in Lockport) to check on any probate proceeding. Did your mother own any real property? Ask him to check with the department/agency that keeps property records - probably in the same building as the Surrogate's Court.

Many attorneys will give you a 15 -30 minute consult without charge. You want to give that attorney as much hard information as possible so that you can receive an honest evaluation. You do the best you can.
 
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latigo

Senior Member
. Or be prepared to spend many long days in a law library.
Any estimate of how many “long days” that might take, Aardy?

Because I recall back in the 70’s a fellow that ran his law office out of our state law library (for two years at least until the Supreme Court finally booted him and his portable Corona) and was never known to have won a lawsuit.
 

anteater

Senior Member
Because I recall back in the 70’s a fellow that ran his law office out of our state law library (for two years at least until the Supreme Court finally booted him and his portable Corona) and was never known to have won a lawsuit.
Which was cause and which was effect?
 

nhguy235

Junior Member
thank you

You said that your mother resided in Niagara County and your brother still resides there. Ask your brother to visit the Surrogate's Court (apparently located in Lockport) to check on any probate proceeding. Did your mother own any real property? Ask him to check with the department/agency that keeps property records - probably in the same building as the Surrogate's Court.

Many attorneys will give you a 15 -30 minute consult without charge. You want to give that attorney as much hard information as possible so that you can receive an honest evaluation. You do the best you can.
Reply: Yes, it is in Lockport and I will have him do just that. I sincerely appreciate your advice in this matter.-nhguy235
 

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