Legal Question in Elder Law in New York

Trust Release

My mother died leaving me her home. I was her power of attorney and now the executrix of the estate. The house was put in a trust account. She left 4 grandchildren $3,000 each and $20,000. I was her sole care giver for 8 years. She had to go into the nursing home in August of 2006 and died 7/5/07. My brother and kids have refused the money but need a form stating so. There is no money left as she had to go on medicaide and the only thing left is the house. I need to know what form I would need to draw up and have signed as well as the wording for the form. Please advise.


Asked on 7/30/07, 9:15 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Trust Release

If yopu are named executrix in a will, her will must be probated in Surrogates Court in the County she resided in when she died. All proceedings must be done as part of the estate proceeding. But your question does not provide enough information.

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Answered on 7/30/07, 9:57 pm


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