Estate Law Questions? Ask an Estate Lawyer.
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.
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.
NY laws of intestacy
If you die with:
here’s what happens:
So why are they denying you access?
Were you on the accounts as trustee?
Are they telling you probate is required here to access?
Just trying to understand here.
Have you provided them a copy of the trust, are you sure the account is titled the Trust of ***** *****, with you as trustee?
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.
I think you need a local lawyer here to force resolution here, no legal basis to deny you access.
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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.
Do that here.This makes no sense if you gave them the trust they are just stonewalling you .
Thanks again stay after them here.
You are so welcome.
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