How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
Type Your Legal Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

I'm the executor of my husbands Trust, in New York State..

Customer Question

I'm the executor of my husbands Trust, in New York State.. In the estate he gives his a house we own in Florida tohis exsister-in-law. I don't want to give it to her. My husband told me before his death I could do this if that's what I wanted. Can I do this & what are the consequences? Thank you Ann e-mail:***@******.*** Phone #(###) ###-####
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well. I am licensed attorney with over a decade of experience handling matters like the one before you.
You can do this but you will have to file a petition with a court of competent jurisdiction that this property conveyance should not happen and that your husband told you as much before he passed...but before the trust document could be amended.
If you simply do not convey the property, the sister in law could sue for property to be released to her, or in the alternative, for the fair market value of the property to be awarded to her. She could arguably get attorney fees tacked on as well as you she would argue that you breached your fiduciary duty as the executor to the trust in not following it out.
Since this was your husband, and therefore would otherwise be your personal property, you have at least a good chance, if not a great chance, to have this portion of the estate amended by the court. However, to be completely above board, legally speaking, you are going to have it changed by the court - which means filing a petition and litigating the matter.
You may want to hire the attorney that drafted the trust to represent you in the matter. It is not something you would want to handle in court alone.
Let me know if you have any other questions.
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any additional questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks!