Legal Question in Wills and Trusts in New York
Legal
I am a sole beneficiary to an estate. Part of the estate was put into a trust. I have now discovered that there were many assets, ie: stocks,savings bonds, bank accounts, safety deposit box contents, etc. which were not put into the trust. An attorney has advised me that I need to list each asset and $$ value in order for them to get a ''Letters Testimentery'' from the courts in order for me to get legal access these assets. However, upon inquiring into these institutions they are Very reluctant, due to privacy issues, to give me Any information about existing/non existing accounts. Any suggestions as how I satisfy both needs, ie; the attorney and the institutions holding or possibly holding funds? I have provided certified copies of the death certificate, and copies of the will to no avail to each of the institutions where I Know there are funds. I am told that I cannot get a ''blanket'' document that would allow me access to Any account which I may find. Must I get a new court order Every time I find a new asset? In some cases I have located accounts which only hold $40, and the attorney wants $250 to file the papers!
1 Answer from Attorneys
Re: Legal
The answers under NY law will depend on full development of the facts and circumstances. There are NY estate administration issues that need to be carefully considered and dealt with. You may need to consider working with other legal counsel concerning the administration of a regular estate. An experienced estate planning/administration attorney should be able to handle this under NY law. Please note that my legal services are available only with a signed engagement agreement. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 11-22-2001, 7:05 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.