Legal Question in Wills and Trusts in New York
Dissolution of trust
Does my uncle as co-executor of my aunt's trust, have the right to divide it up equally even though the will states that my family is entitled to 75% and his family is entitled to 25%? Can he do this without my mother's consent, since she is a co-executor?
3 Answers from Attorneys
Re: Dissolution of trust
No
Re: Dissolution of trust
If the terms of the trust state that the funds are to be divided in a specified manner then the Trsutee is bound by the terms.
Re: Dissolution of trust
Without reading the document creating the trust, any answer is speculative. In general, the trustees must carry out the terms of the trust according to its written terms, which cannot be changed, even though the trustees might want to do this, unless the language gives them some discretion to do so. If they do anything that is contrary to the language of the document, they can be sued and surcharged. This is a response to an Internet question and the reply is not to be considered as legal advice or creating an attorney-client relationship. Different or missing facts may result in a different response to that provided.
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