Legal Question in Wills and Trusts in New York

Trustee in litigation with 1 of 4 beneficiaies re: lesser % share of a nealy 500K Estate. Interim cash distribution is due, sent release/receipt to all got back 3 out of 4. The others got their $$ already.

I had to force that beneficiary to retain counsel because of abusive conduct, unreasonable demands towards me. Barely know beneficiary, yet we are related by blood. So no strings attached here.

Disgruntled refused to sign receipt/release form. Instead altered the instrument removing two (2) provisions that would release the trustee and such. Is this legal to do that ? Would like, according to opposing side lawyer, a compulsory accounting in lieu of the chk tat was cut and was to be delivered to taht attorney ( I presume he wants to get paid first) instead.

What does it mean? Courts should not be involved as per decedent's wishes. Please advise.


Asked on 3/18/10, 2:00 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Hard to answer since I have seen no documents or language in them. You may be forced to have Court approve what you have done.

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Answered on 3/23/10, 7:02 pm


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