Legal Question in Wills and Trusts in New York

i am co-trustee with older brother. i am wanting to collect expenses incurred by me from trust. i was informed by two different lawyers how to do this. one stated to notify mother and brother as to what was to be done, the other stated i needed a document to be signed by myself and brothercollect. the trust is held in N. Y. what is right?? i have reciepts for the most recent expenses, however the other part was over 15 yrs ago. that was repairs to their home.


Asked on 1/29/10, 7:32 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Either. However, the signed document provides better evidence if the transaction is ever questioned in the future by your brother or mother.

Mike.

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Answered on 2/03/10, 9:00 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mike, and also suggest that you get a signed authorization from all parties (co-trustee and beneficiaries), especially since some of what you are seeking reimbursement for is quite old and may have even predated the trust. This way no one can contest your reimbursement now or in the future.

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Answered on 2/05/10, 11:01 am


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