Legal Question in Wills and Trusts in New York

trusts

I was the heir to a trust and also

the trustee. There were 8 heirs

all together and all have been notified by me as the law required regarding distribution of the funds in the trust.

One heir only has protested. The

other 7 have not.

The one protesting says he was supposed to get 10

percent more then he

was left in the trust.

Can I just give this protesting

idiot the 10 percent he claims he was screwed out of with 10 percent

of my 40 percent the trust gave me

and buy him off .

Or does he have the right to keep protesting the whole trust even

if I pay him what he personally

claims to have lost.

Can you draw up the agreement for me to end this

and since the others did not

protest at all in the statuatory

period do I need their agreement ??

Regards,

owed a percent more


Asked on 9/09/07, 4:08 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: trusts

Is the trust silent about contests? If so then I believe you are obliged to follow the trust unless an action is commenced.

You can't give him a different amount

then he is entitled to under the terms of the trust.

Read more
Answered on 9/11/07, 8:02 am


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