Legal Question in Wills and Trusts in New York

Re: trusts

I agree with Michael. You will need to have an attorney review the agreement to determine whether you have a viable claim.

Re: trusts

I hate to jump in with an answer that says the same thing but you need to move fast and have an attorney review the agreement with you and your brother.

Please don't wait.

Re: trusts

It is important that the agreement be read by a lawyer and interpreted as to its enfoceability.

Meanwhile, where is the money or property to be distributed? Is the brother-lawyer holding on to it.

You can apply to the court to have an administrator/executor appointed to probate the estate and make the distribution.

You must also commence an action against the lawyer to enforce the agreement.

All this should be done immediately so as not to jeopardize your right to do so.

We can help you do both. Most lawyers do not want to bring an action against another lawyer as they see, them at social and professional functions, and have business or professional dealings with them.

Being out of town, I certainly would not even know the other side, and would not be in a position to be compromised.

If you would like to discuss this matter further, please feel free to contact me.

Re: trusts

A very interesting question.

I would have to read the agreement to determine whether or not a cause of action exists.

More important, the statute of limitations period (time to bring an action) has either run out or is in the process of running out. This depends on the nature of the action (breach of contract, consturctive trust, fraud, etc.).

If you want to discuss the issue in depth, feel free to telephone.

Mike.