Legal Question in Wills and Trusts in New York
my father died, years later my grandmother died,(his mother).her home was sold by his sister(my aunt).i was told by her when i turned 25 i would get 1/4 of the money from sale of home.at 25 my brother would get his 1/4. and she gets the other half.. i turned 25 ths august still waiting? can i find out is there a cd? we arent on good speaking terms. what can i do?
1 Answer from Attorneys
You need better information. The first thing I would do is obtain a copy of your grandmother's will. This may be done at the Surrogate's Court in the county where your grandmother last lived prior to her death. Her will may have language concerning a trust whereby you would receive 1/4 of the money from the sale of her home.
I would also obtain a copy of the deed and recording documents from the sale of the home. Although the deed will name the seller as the "Estate of 'Grandma'", the transfer documents will give you information as to the identity of the attorney representing the estate. The attorney will have information concerning where the money was deposited.
Wtih all of this information, you should make formal demand (in writing) to the sister for 1. an accounting and 2. the money received (together with interest) from the sale of the house. If you are ignored or given false information, your next step would be to petition the Surrogate's Court for proper relief.
Mike.