Legal Question in Wills and Trusts in New York

Special Needs Trust

My Mother passed away just a year ago and set up in her will a special needs trust for my sister with MS. I am a residual beneficary and have had problems getting information from the executrix about the estate. I singed the consent for probate, now the executor has sent me a for to sign releasing her of any legal responsibility. I have been told that until I sign that my sister cannot get any money from the trust. I find that quite interesting, because the executrix had written me and said she was considering giving me my inheritance early, which would mean me signing some papers. Couldn't that same courtesy been given to my sister that has the special needs trust? Typically, when can she start withdrawing funds from the special needs trust?

Thank you. All of this is in New York state, I live in FL


Asked on 8/30/08, 3:00 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Special Needs Trust

NY -- not Florida law would govern the answer to this. Generally, though, if the will creates the trust, then the trustee is able to act under the trust and does not need the PR's consent. Check with NY lawyer, though.

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Answered on 9/02/08, 9:12 am


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