Legal Question in Real Estate Law in New York

Re: Need to break a trust...

I will need to take a look at the deed, the trust and of course the judge's ruling to determine what your options would be. It may be that the father has a life estate on the deed which would create a problem for you if you tried to transfer your interest or ask him to buy you out.

Should you like me to review these documents to give you a better answer, please do not hesitate to contact me.

Kind regards,

Peter Moulinos

Re: Need to break a trust...

It may be worthwhile to pursue Appeal of the Court decision dismissing your application if you can show that:

a) The Trust or its terms and conditions were entered due fraud, misrepresentation or duress.

b) The "Trust" was or can be deemed a revocable Trust; and

c) Your mother made other or further written statements or declarations (ie., a will or other document), clarifying the terms and conditions of the trust).

d) Your parent's Divorce Judgment, Stipulation or Agreement, include terms, conditions or a time limit for the Trust, that contradict the Court's understanding and Judgment of your parent's intentions at the time, they made the Trust.

e) Your father is damaging or jeopardizing the value of your property interest & estate, by mis-use of the property; or the property is subject to immediate loss, due your father's failure to maintain, pay taxes, etc..

f) Why it is unjust, unfair and inequitable for the Court to maintain that your father has a a "life estate" in/to your mother's 50% share of the property, by virtue of the Trust, when title to that 50% share was transferred to your mother, absolutely, pursuant an absolute divorce.

g) Your application for Trust termination, was made for good cause; was made in good faith, was timely made and has merit.

Good luck,

Phroska L. McAlister,ESQ