Legal Question in Wills and Trusts in New York

Re: Wills

A small estate proceeding is under $20,000. Even with a small estate proceeding, you have to mail a copy of the will and irrevocable trust to all individuals that would benefit from the will and would benefit if there was no will.

You would be permitted to sell the furniture after Letters Testamentary are issued by the Surrogate's Court appointing you as executor.

Mike.

Re: Wills

I agree with Michael but raise the following comments and question. Usually a trust atands on its own, independent from a Will. While you are Executor under the Will, you say nothing about who are the trustees of the Trust. The trust usually has its own provisions on when and to whom its assets are distributed and by whom (the trustees). Each document must be followed as its respective provisions specify. While you must give a Notice of Probate of the Will to all possible heirs (in case someone not mentioned wants to contest it) the trust is a private document and copies only go to those people who are beneficiaries. I have not seen either document and they should be reviewed by an estate/trust attorney to provide you with proper guidence as what to do under each document. If you have questions or would like me to review the documents, please contact me directly.