Legal Question in Wills and Trusts in New York

Residual Trust

Does a residual trust become null and void by a new trust? Do the benifactors of the residual trust get a copy of that trust?


Asked on 10/27/07, 12:07 pm

2 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: Residual Trust

Not familiar with the term "residual trust." To get an accurate answer, you should re-post the question and state how the trust was created (by agreement or in someone's will), who receives current income from the trust, and who receives the remaining money at the end of the trust.

If you're not sure of the answers to these questions, you may call my office for a brief consultation.

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Answered on 10/27/07, 1:08 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Residual Trust

I agree with Tony that the term you are using is vague. Traditionally, this term refers to a trust created under a Will (also known as Testamentary Trust) of the residuary of the estate (what is left over after debts, taxes, administration, funeral and other expenses are paid, plus any specific bequests to people). If this is what you mean, the language of the Trust would be in the Will, a public document that anyone can view and get a copy from the Surrogate. If you mean something else, I need more information which could be sent to me directly.

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Answered on 10/29/07, 11:21 am


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