Legal Question in Wills and Trusts in New York
Can assets stated directly in a will be moved to a trust by an executrix?
Can an automobile that was specifically listed in a will by a deceased person be moved into a trust set up by the same deceased person by the executrix after the death of the person making such a will? More specifically, if I were named in a will to receive the vehicle, does the executrix or the trust officer have the authority to disregard the terms of the will and move the car into the trust? The car was deliberately left out of the trust by the deceased and specifically placed into the will so that there was no confusion as to who should get the car. Do I have any remedy against the trust officer (a bank official) and the executrix for failure to transfer title in accordance with the last wishes of the deceased, especially since the delay in transfering the vehicle has been over 1 year and the value has dropped by over $12,000 during this time. The will was already probated.
2 Answers from Attorneys
Re: Can assets stated directly in a will be moved to a trust by an executrix?
If the property remained in the decedent's possession at the time of death, and was not transferred prior to death, and it was specifically listed as exempt property in the will of the decedent you may have grounds against the executor and/or trustee if the probated will was disregarded.
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Re: Can assets stated directly in a will be moved to a trust by an executrix?
Without reading the Will and/or Trust Agreement, I cannot give you a specific answer. Was the car to go to you as an outright bequest, separate from any language in the Will that might require all assets outside the trust to go to the trust upon death (what we call a "pour-over Will"). If so, you may have a claim against the Executor. You may also have a claim against the attorney who prepared the documents. Also, had anything changed between you and the deceased after the Will was drawn that may have caused a change in what he originally provided? It really is imperative that someone review the language of the documents and the facts, to better advise you. This is a response to an Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship. Different or missing facts may produce a different response.
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