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Ask Lawyer Lori Your Own Question

Lawyer Lori
Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2135
Experience:  Attorney - estate planning and probate.
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How do I go about being removed as a trustee? Which type of

Resolved Question:

How do I go about being removed as a trustee? Which type of court do I file with? Probate, Surrogate, District? I was the executor of my Mother-in-laws will and our niece is to receive her 3rd at age 25. Because of a unique situation in which she never had the nurturing and stability of a home life she has been on her own since age 20. I have used some of her funds to pay her rent while she got "established" but as it turns out she has just been enabled. She is almost 23 so we have 2 years to go. The requests never end and I'd like to rid myself of this job b/c it's difficult to be objective. She is no better off now or more independent than when we started 2 years ago.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Lawyer Lori replied 1 year ago.

Lawyer Lori :

Good morning. My name is XXXXX XXXXX X will be the professional assisting you this morning. Can you tell me what state you are in?

Customer:

New York

Lawyer Lori :

Also can you tell me if the trust/will names a successor trustee?

Customer:

It does not

Customer:

Are you there?

Lawyer Lori :

Under NY law, the supreme court should hear the matter. You can read the statute here: http://codes.lp.findlaw.com/nycode/EPT/7/2/7-2.6. I'm looking for the form of resignation that you can use.

Customer:

ok great

Lawyer Lori :

Has this matter been heard in the surrogate's court - if so, you may file in that court.

Lawyer Lori :

So was the will filed and you appointed by the court executor and trustee?

Customer:

Everything has been probated and settled and distributed. The will named me.

Customer:

I guess yes the surrogate or probate court approved me as the executor and trustee.

Lawyer Lori :

You would then file in the same court as approved you as executor and trustee.

Lawyer Lori :

Having a problem finding an online form, so please be patient.

Customer:

To switch gears, what would be my financial liability if I allowed those funds to support her now and then at age 25 there was 0 left? We are talking around 20k. I either need to hand over the job or the money. The constant phone calls and requests for $ is too much.

Lawyer Lori :

I can not locate an exact form form for you; however, here is a sample (provided by the NY Bar Association) that you can use as the format needed: https://www.nysba.org/AM/Template.cfm?Section=Downloadable_Forms&Template=/CM/ContentDisplay.cfm&ContentID=52132

Lawyer Lori :

Typically, so long as you disbursed monies under the terms of the trust for the beneficiary's benefit you would not have personal liability to reimburse her - is that what you are asking?

Customer:

yes. b/c the will states 25 I was wondering if funds were used for her benefit if she could turn around at 25 and have a legal leg to stand on in that the funds were not supposed to go to her until age 25. (i wouldnt be giving it to her directly, I'd be paying things on her behalf. Rent, etc.

Lawyer Lori :

Does the will give you the right to use your discretion to make payments on her behalf prior to 25 OR does it require the money to be held until she is 25?

Customer:

I have to look. Nothing specific about payments. If I remember I believe that the wording meant that she can't be in control of it until 25.

Customer:

Don't have it right here. If I decide to be removed I go to supreme court to start that process you were saying?

Lawyer Lori :

Basically, if you were granted the right to disburse it for her benefit prior to her reaching 25 and then the remainder was paid to her when she turned 25, so long as you spent it on her and they were reasonable expenses then she would not have a leg to stand on. If you were to hold it intact for her, then she might have grounds to bring legal action, but since you spent it on her needs, she most likely would not be successful.

Lawyer Lori :

Since you were appointed by the surrogate's court - that is the court you should use for the resignation.

Lawyer Lori :

If you have any other questions, please let me know.

Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2135
Experience: Attorney - estate planning and probate.
Lawyer Lori and 6 other Estate Law Specialists are ready to help you

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