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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41573
Experience:  Texas lawyer for 30 years in Estate law
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The bank my uncle, the trustor, used for his bank accounts,

Customer Question

The bank my uncle, the trustor, used for his bank accounts, will not recognize me, the trustee as stated in the trust, access to the accounts since my uncles death. How can I prove the legality of my claim?
JA: Estate laws vary by state. What state are you in?
Customer: New York
JA: What documents or supporting evidence do you have?
Customer: I have the original trust.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 11 months ago.

You may be looking at opening probate here and if there was a will probating will, if not intestate probate.If the accounts were not under the trust name with you as trustee being on the accounts they are not legally part of the trust.Probate would be required and they pass through probate.You can be named personal representative through the courts and then access the accounts.It sounds like maybe uncle did not title accounts in the name of the trust or add you to the accounts.

Expert:  RayAnswers replied 11 months ago.

NY laws of intestacy

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants
  • spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance
  • descendants inherit everything else
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything
Customer: replied 11 months ago.
All assets are in the name of the living trust.
Expert:  RayAnswers replied 11 months ago.

So why are they denying you access?

Expert:  RayAnswers replied 11 months ago.

Were you on the accounts as trustee?

Expert:  RayAnswers replied 11 months ago.

Are they telling you probate is required here to access?

Expert:  RayAnswers replied 11 months ago.

Just trying to understand here.

Expert:  RayAnswers replied 11 months ago.

Have you provided them a copy of the trust, are you sure the account is titled the Trust of ***** *****, with you as trustee?

Customer: replied 11 months ago.
They do not recognize I am the only trustee. There is a provision in the trust to name two trustees but the trustor did not name two, only one. The bank is dragging their heels, claiming there may be more than one trustee.
Customer: replied 11 months ago.
They have a copy of the trust.
Expert:  RayAnswers replied 11 months ago.

So you may need a local lawyer here to send demand letter.If you provided copies of the trust legally you should have access.A threat to sue by the lawyer may get them moving here.I am sorry they are dragging their feet.

Expert:  RayAnswers replied 11 months ago.

I think you need a local lawyer here to force resolution here, no legal basis to deny you access.

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Customer: replied 11 months ago.
Is a lawyer the only alternative? Does NY State have an agency that can help us ?
Expert:  RayAnswers replied 11 months ago.

You can try a threatening letter here telling them if they continue to deny you access as sole trustee you intend to sue them .You can file a bank complaint.

http://www.dfs.ny.gov/consumer/fileacomplaint.htm

Do that here.This makes no sense if you gave them the trust they are just stonewalling you .

Expert:  RayAnswers replied 11 months ago.

Thanks again stay after them here.

Customer: replied 11 months ago.
Thank you for your help.
Expert:  RayAnswers replied 11 months ago.

You are so welcome.

If you can rate 5 stars it is much appreciated.Have a great Sunday.