Legal Question in Wills and Trusts in New York
trust
My grandmother passed away about six (6) years ago and had left trust funds for her four (4) grandchildren (I am one of them). I know the trust funds existed but none of us received them and they have never been mentioned by the executor of her estate. Is it possible that the executor received those trust funds and spent the money? How can I find out without asking the executor?
3 Answers from Attorneys
Re: trust
Why don't you want to ask the executor? Are you afraid s/he will lie? You can go to court to force an accounting if the trustee will not tell you. You, as the beneficiary, have a right to know.
Re: trust
If the trusts were created under the Will, do you have a copy of it? If not, you can get a copy (small fee) from the Surrogate's office where the will was probated. Do you know who was the trustee and/or where the accounts were opened? Try to get copies of the documents from the brokers. Ask the Surrogate if they have any information. Your final action, after you get the will and if this was covered in it, is to confront the executor by asking for an accounting of the estate and the trusts that were to be created. Last resort is to sue the Executor for an accounting and make them give you the records.
Re: trust
Ask the lawyer.
Ask the Trustee
Ask the Executor.
If you don't ask, you may never find out and that would be a shame.
There is nothing wrong in inquiring about your own well-being.