Legal Question in Wills and Trusts in New York

Testamentary trust

I am beneficiary of 50% of my deceased father's assets. My brother is beneficiary of the other 50% and executor. My dad put my money ''in trust'' with my brother in his will without specifying when or at what time it should be distributed to me. The wording of the will is ambiguous and gives my brother discretion. My brother wants to wait until I'm retired in 10 years, and pay out a nominal sum per month. I am terminally ill and will not be alive by then. I would like my partner (not married) to receive whatever is due me from that trust when I pass. What legal document will best serve this purpose, and will my brother be able to hold onto the money beyond my demise and prevent my partner from receiving it?


Asked on 5/03/09, 8:57 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Testamentary trust

I would make application to the Surrogate's Court to remove the trustee under NY EPTL 7-2.6(a)(2). By withholding money when you may need it is a violation of the trustee's duty toward you.

Mike.

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Answered on 5/04/09, 8:08 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Testamentary trust

If the will does not state the terms of the trust, I do not understand why your brother believes "retirement" is the date for distribution. I cannot imagine why your brother would interpret it in that fashion, as opposed to holding the funds until you reach the age of 21.(Much more realistic.)

There is no dicument that will change this.

If at all possible I would suggest litigating the issue now rather then later.

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Answered on 5/03/09, 1:15 pm


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