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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a trust fund back in NY my husband was killed in 1970

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I have a trust fund back in NY my husband was killed in 1970 in Vietnam and I never remarried. my son from that marriage just died recently. I had been told years ago that if my son died before me, that the trust would be released to me. NOW the bank people say no, it is to remain intact for me as long as I live and that if I die before my sister, then my sister would get it. my sister has 5 children to inherit hers. I dont get it. I asked years ago and now what they are saying is doubletalk. is it wise to get an estate attorney to get the trust out of there. I am all the way across the country

Thank you for your question. Please permit me to assist you with your concerns.

At the very least it would be wise to have an estate attorney review the trust language to see whether your understanding is correct, or the understanding of the trust administrator. That all depends on who is listed as a beneficiary and what the conditions may be based on passing. It may be that you are completely correct, but you would need to specialist to read the language and to formally pursue the trust assets on your behalf if you happen to be correct. So at first having a review is worth it in terms of a consultation fee, then you can decide whether or not there is enough to pursue the bank or to let it go.

Good luck.

Dimitry K., Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

thank you my son was my only beneficiary and he has died so it is just me,.Better to get a NY atty to do this ?


Thank you for your follow-up and you are most welcome. The best attorney to review this would be an attorney licensed in the state where the trust was written and/or being managed. If that is New York, then that is where you need to retain counsel. Obtaining a copy of the trust itself is something the attorney should be able to do on your behalf, and he could then evaluate it and let you know what options may exist in obtaining these funds, or if the bank is correct in withholding them for you.

Good luck.