Legal Question in Wills and Trusts in New York

How do I find out the trustee of a cetrusts and trustees

If you know you are entitled to a trust, how do you go about finding the trustee. Some banks do not want to give out that information.


Asked on 1/25/98, 9:45 pm

2 Answers from Attorneys

Hugh Wood Wood & Meredith

How does one find the Name of the Trustee of a Trust?

There is not enough information given to answer your question. NY may have different trust laws than GA. In GA, we can creat trusts for wealthy individuals and we are not required to disclose the corpus of the trust or the trustee under certain circumstances. We must however, provide enough trust information to satify the IRS. However, you do not have access to information provided to the IRS.

If you are the beneficiary of an existing ongoing trust (which is sounds like you are), you may learn who the trustee is by inquiring of the trust officers at the bank (or their legal department) or, if they will not cooperate, filing a petition in local probate to require the bank to come forward and disclose the pertainent facts about the trust. [It may the be court of the ordinary in your state. You also listed PA, which may be the prothoneary court].

Now it may be from the way that you framed your questions that you are a spindthrift beneficiary. If you are such a beneficiary, neither the bank nor the court will give you much time on your petition. You may wish to consult a NY or PA attorney for a more complete explanation of your rights.

Read more
Answered on 1/28/98, 11:15 am
Miriam Jacobson Retired from practice of law

PA trust beneficiary

From your question, I'm not sure about what state law governs the trust. If the trust was created in a will, in PA the will would be probated in the county where the deceased person lived at the time of death. You may check the records in the office of the County Register of Wills and find out if the will created a trust, and if so, who the trustees are.

Also, if the trust owns real property and conveys it or places a mortgage on the property, the Office of the Recorder of Deeds for the county where the property is located would have copies of the deed or mortgage or other instrument on file, and the document would show the names of the trustees. The trustees would have signed the document on behalf of the trust.

Read more
Answered on 1/29/98, 9:51 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York