Legal Question in Wills and Trusts in New York

My brother is the Executor and Trustee of my fathers estate. I am a benefeciary, He is not giving me hardly any information on anything and has been totally neglecting his duties as Executor. I already have an attorney, and have demanded an accounting and will be petitioning the court for his removal and etc. But, I still have more questions. I was told by the Surrogate Court clerk that there are Trusts set up for me and the other beneficiaries, but she said that they weren't funded yet. How can I get more information on them? The Will states that a Testamentary Trust was to be set up, and I've been researching information on how they work and have learned a lot, but now I want more info on the particular Trusts that are set up for us. How can I find out if and when they get funded? What are the things that are important for me to find out about them and where and how do I get that information? There is real estate involved so I just want to make sure I don't miss anything that is going on that's important. I'm already keeping my attorney on his toes, so I'm just trying to get as much information on my own as I can. Thank you in advance for your help.


Asked on 9/12/11, 7:35 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

A Testamentary Trust is one created under the Will, not during the lifetime of someone. Its terms are usually outlined in the Will, so if you have a copy of the Will, the general terms are set forth in the document. The trust will not be funded until the estate is settled and all estate obligations (debts, expenses, etc.) are paid. The Executor first accounts for the estate and then indicates how and when the trusts will be funded. If there is litigation involving the activities of the Executor, this usually delays the funding of the trusts. In rare instances, the trusts can be funded, in part, before the estate is settled, and this usually requires Court approval. If the current Executor/Trustee is removed, his replacement will have the responsibility to see that all is done properly and in compliance with the Will and law.

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Answered on 9/15/11, 9:33 am


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