Legal Question in Wills and Trusts in New York

My sons father passed away in 1999. He left my son 1/3 of his estate. I was named as a trustee. His wife is the executrix. I have never received anything for my son from his estate and when I tried calling his court appointed guardian ad litem, I was told he was retired. They did not know who was the new guardian. I called the court and was told this other lawyer was now the guardian. This is the wife's lawyer. I called him and was told it was none of my business. What are my rights here?


Asked on 11/30/11, 4:08 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Retain counsel to review the court file. The matter should have been resolved long ago.

Read more
Answered on 11/30/11, 6:37 pm
Walter LeVine Walter D. LeVine, Esq.

I agree. It seems something might be amiss. As trustee for your son, appointed under the Will, you can petition for an accounting and learn what has happened regarding the estate and its assets. Why was a guardian ad litem appointed? Is someone contesting the Will? More information is necessary for a response. You may need to hire a good, local, estate attorney to assist you.

Read more
Answered on 12/02/11, 1:22 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York