Legal Question in Wills and Trusts in New York
Consent to Probate form questions, please.
My mother recently passed and named my sister as trustee and executrix of the will. Are both these terms the same?
The property (home, assets and hosehold property, etc.) was left 50% to me and the remaining 50% to my sister's children.
The Waiver of Process Consent to probate form has Letters of Testamentary issue to my sister. In the next box down, it has Letters if Trusteeship issue to my sister of the following trusts: her children.
I am unsure what the trusteeship and the naming of her children means. Is it that she is appointed the trustee over the 50% of the estate the will states should go to the kids?
I am not named on this formed except to sign it. I have no problem with the will as written. I just want to be sure that signing this is not waiving any trusts or rights that that will names to belong to me.
Thank you for your help.
1 Answer from Attorneys
Re: Consent to Probate form questions, please.
Your sister has been appointed to handle the estate in two separate capacities; first as Executrix which means she handles all preliminaries involved with the estate (collating assets, paying bills and fees, filing any tax returns as are necessary and preparing the assets for distribution) and, second, as trustee for her children, who appear to be minors or are having their share of the estate deferred as to distribution. It also appears your share is to paid outright, that is why she is not named as trustee for you. You do not say what is happening with the home; if it being sold or is being maintained? This could make things a little complicated if it is not being sold, as you would be sharing ownership of it with the trust for her children. More information as to what will happen to the various assets is needed for a complete response. You may contact me directly if you have any additional questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
