Legal Question in Wills and Trusts in New York

Re: What are his rights?

Without reading the document, I cannot provide more than a general answer. Presuming all assets were to split equally, and if the document is silent on personal property (jewelry, etc.) all assets are to be split equally. It appears that someting is not being done correctly and your husband needs to retain his own attorney. He should demand an accounting of the assets and implementation of the terms of the Will, even if his share is to go into a trust. I can recommend several good NY attorneys to assist you. If you can, send me a copy of the Will and I can respond better.

Re: What are his rights?

It is unfortuate that your brother and sister in law have chosen to act in this way. This is the kind of thing that causes a split in a family that is sometimes never healed.

I assume that your husband's financial issues have been successfully met and that you are both doing well.

(1) The first thing that must be done is that the trustee of the trust must request an 'accounting'. This is a list of all of the assets and liabilities of the estate and what has happened to them after your father in law passed on. This should be done immediately, today, now.

(2) Have a lawyer examine the 'trust indenture'. This is the document that set up the trust. This document will determine the next step. It may be to dissolve the trust, petition for the appointment of a new trustee, or some other remedy.

(3) Have a lawyer look at the will or other document that shows the intentions of your father in law's wishes for his estate. We need to make sure that your father in law established a devise (an inheritance) for your husband.

I would be happy to examine these documents for you for no fee. They take about 20 minutes each to review and then I could advise you on what your rights are and what might be the best next step.

It is best to schedule an appointment by email. Later in the day or evening is best, because I am often in court in the early parts of the day. (Court appearences are time-consuming and exhausting, but part of the job!)

Re: What are his rights?

Unfortunately, there is no simple answer to your question. It appears from the facts you supplied that your husband has rights to share in the estate. However, without looking at the trust instrument or Will (if applicable)there is no way to state what exactly those rights are. If the executor/trustee refuses to comply with your requests, it may be best to have an attorney contact her on your husbands behalf. I can help you with this, if you wish.

Re: What are his rights?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your husband is entitled to an accounting of the assets in the estate from the executors. This would be requested through the Surrogate's Court. Your husband may go there himself and ask the Clerk for assistance. It might be easier to use an attorney. If you wish, I may be able to assist you.