Legal Question in Wills and Trusts in New York

I am a beneficuary of a relative who lived in new york and left me a share of a property he owned in new mexico. It was a trust that was to end when I turned 21. The trustee applied for a ancillary deed in new mexico. I am the oldest of the beneficuaries . when I was 25yrs old and the other 2 were still under 21, the trustee sold the property. Although she has sent me a check, she refuses to tell me how she sold the property without my knowledge and she refuses to send me closing documents and a formal accounting. I did have a new york lawyer send her attorney a letter but she still refuses to send the documents. My new york attorney tells me it may be a new mexico matter and a new mexico lawyer told me it is a new york matter. A letter to a New Mexico Judge for the info came with the response to ask the the Trustee for the information. I can't seem to get anywhere. I just want documents that I feel I am entitled to. Please help! Thanks


Asked on 6/26/11, 12:40 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You would have to start an accounting action in New York Surrogate's Court, which may be complicated and expensive.

Mike.

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Answered on 6/27/11, 5:07 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mike and this is complicated by the fact that the trustee may not live in NY. Presuming this was a NY trust, NY has initial jurisdiction to compel production of documents. The NY decision may have to be pursued where the Trustee resides, so 2 suits may be necessary. Of course, if the trustee also lives in NY, one suit is all that is required, even if the property was located outside NY. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 6/27/11, 8:48 am


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