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
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