Legal Question in Wills and Trusts in New York

Is there anything I can do?

I had an affair with a married man and had a child by him. He died in 1999 and in his will he acknowledged my son as being his and left him 1/3 of his estate. His one son was executor but then resigned and let the wife take over. The court appointed a guardian ad litem for my son. Now this guardian has retired and I found out today and after years of searching that the wifes lawyer is now my son's guardian ad litem. I was told by him that the estate is none of my business. I was listed as a trustee for my son in the will. What exactly are my rights? My son has never received a dime from the estate, no paperwork, no nothing. He is 10 years old now. Any help would be appreciated...


Asked on 8/13/08, 5:14 am

2 Answers from Attorneys
Anthony Park Anthony S. Park, PLLC

Re: Is there anything I can do?

You need to review the Court file to see the status of the Will and Trust. If the Will created a trust for your son with you as trustee, and you have not received anything, then you should petition the court to compel the Executor to account (e.g. ask the Court to review what's been done with the money so far).

Feel free to call my office for a brief, complimentary consultation.

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Answered on 8/13/08, 8:44 am
Walter LeVine Walter D. LeVine, Esq.

Re: Is there anything I can do?

I agree with Tony that a number of things need to be done. Check the status of the case with the Surrogate where the Will was probated. Contact the Guardian as litem also, as to the status of the case, and what was done regarding your son. Possibly, after you get this information, petition the Surrogate's Court for an accounting by the Executor and the successor. Too much time has passed for you not to have heard anything and if the estate had net assets (after all bills and fees were paid), the trust for your son should have been funded already. You may need the assistance of a local attorney familiar with probate matters and Will contests.

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Answered on 8/13/08, 12:31 pm


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