Legal Question in Wills and Trusts in New York
trusts and estates
May I as executor of an estate, establish a trust on behalf of the estate?
Asked on 8/22/05, 3:06 pm
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Re: trusts and estates
Unless the Will has some specific provision requiring a trust, you have no authority to do so on your own. You do not describe what circumstances may require this? For example, while the Will may be silent, are minors or incompetents involved? Your concerns might be addressed by an outright transfer, followed by the simultaneous creation and funding of a trust. More information is needed to provide a direct response.
Answered on 8/22/05, 3:43 pm