Legal Question in Wills and Trusts in New York

Trustee's rights?

My son's father passed away in 1999. Matter was complicated as he was married. He left my son 1/3 of his estate since he had two older children from a previous marriage. I was named in the will as a trustee for my son. My son was appointed a ''guardian ad litum'' *sp by the court. I have heard nothing since we went to court to probate the will. Every time I called the lawyer I was told that ''nothing is going on'' and basically brushed aside. I called again last year, and was told that the lawyer appointed to my son had retired, but was still in charge of the case. I called my sons fathers wife's attorney and he said that she was being named as executress of the estate because his son didn't want to handle it anymore. This was over a year ago and I have still heard nothing from anyone. The court appointed GA does not return my calls. What are my rights as a trustee? do I have the right to know if any money has been received from the will and put into an account for my son? Should I sit and wait? It's been 7 years and not a peep from anyone! How do I get a different attorney for my son? I don't think this guy is doing his job or something else is going on here...thank you for any help!


Asked on 9/19/06, 5:32 am

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

Re: Trustee's rights?

As the named trustee, as well as parent and natural guardian for your minor son, you have the right to be kept informed of the status of the estate, and you can petition the Surrogate to compel an accounting of the "probate" estate. A "probate" estate refers to those assets solely covered by the Will, which may not be all assets involved in the estate. For example, any assets registered in joint names with the current wife or someone else, or assets having some beneficiary designation (like life insurance or retirement plans) do not come in the "probate" estate. If you are getting no where, I suggest filing a complaint asking for an accounting by the Executor and the carrying out of the Will. You can do this or request the guardian ad litem do it. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship. Different or omitted facts could produce a different response.

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Answered on 9/19/06, 12:51 pm


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