Legal Question in Wills and Trusts in New York

Testamentary Trust Fund

When I was a kid, I was crazy from a dysfunctional family. A relative of mine knew and cared more about me because of the misery that I had to endure as a teenager, so she left me a Trust Fund in her will. It is under NYS Mental Hygiene Law. I did the research, so I know.

I want to have the Trustee revoked and have full control over the funds that were left to me. Firstly, I am not crazy anymore and I never was as crazy as my late-aunt assumed I was. Secondly, the Trustee talks down to me in a very condescending way, so it infuriates me and he becomes more negative for everything I want. In the beginning, he wanted to pay my utility bills for me, but he wanted me to send him my phone bill to look it over, then pay the phone company directly for me.

I am a doctor, I work in research and I never was that incompetent in my life, but he has absolute control over my inheritance and no lawyers want to challenge the case for me.

I want to sue in Surrogate Court myself, endure the shame and embarassment of my personal life aired in front of everyone, but in exchange for my freedom and autonomy.

The Trust Fund is in The Bronx, NY, I need the procedure outlined for me, start to finsih.


Asked on 11/05/06, 1:31 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Testamentary Trust Fund

It is difficult to answer your questions without seeing the language of the trust, as there may or may not be a way to end it on your own. While you may have the right to have the current trustee discharged, if he is acting improperly, all that may happen is that the successor trustee (if one is named in the document) would take over, or the Court might have the right to appoint someone to take over. It is very rare that a Court will allow the beneficiary to replace a trustee, if the trust involves discretion (usually subjective language) and no standards for performance are written out. Without seeing the language, any suggestions would be speculative. If you have the language, you could FAX or mail it to me or send it to me by e-mail, and I can respond further. This is a response to an Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship.

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Answered on 11/05/06, 12:57 pm


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