Legal Question in Wills and Trusts in New York

Father's Will and Inheritance

My father and mother divorced several years ago and my sister and I are there only two children from that marriage. After the divorce my father remarried a different woman and they had a child.

My dad has indicated that upon his death my sister and I (from the first marriage) will receive a lump sum payment and the rest of his assets (real estate, retirment funds, brokerage accounts, etc) will go into a ''trust''. My dad indicated that after my stepmom passed away the remaining assets would be divided amongst his three children.

Is it possible that my stepmom can change this ''trust'' and give all assets to her biological son (my half brother)? or significantly change the division of asset percentages? Also, is there any limit as to what she may do with the assets in the trust until her death? Thanks.


Asked on 1/29/07, 7:45 pm

2 Answers from Attorneys
Frank Pintauro Donohue & Partners, PC

Re: Father's Will and Inheritance

She cannot "change" the trust and if she is the trustee she cannot spend the money irresponsibly so that there is no remainder. Your father's Will be given its intended effect if it clearly states his wishes.

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Answered on 1/30/07, 9:37 am
Michael Moberg Moberg & Associates

Re: Father's Will and Inheritance

Only your father can change the terms of the Trust (if it is revocable). Your step-mother is probably the income beneficary of the Trust (meaning that she may use any income generated from the Trust assets). There is usually a provision allowing for the use of principal for the "health, maintanence and support" of the remainder beneficiaries (3 children)but she cannot simply deplete the trust estate.

I would need to review the trust in further detail to provide you with specific information on your father's trust.

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Answered on 1/30/07, 9:55 am


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