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Questions Answered by Richard William Cutler
2 Answers | Asked in Estate Planning and Family Law for New York on
Q: I the son am beneficiary in my moms will.she had a joint bank account of 17ooo.who gets the money.

My sister-in- law is the executor of the will and also on the joint bank account

Richard William Cutler
Richard William Cutler
answered on Mar 20, 2022

In New York, the names on the bank account trump the will, or more accurately, the bank account passes outside the will. That your sister is executor of your mother's estate is irrelevant. If she is the only one on the bank account, she gets the account. If she is a co-beneficiary on the... View More

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4 Answers | Asked in Estate Planning for New York on
Q: Do you use an EIN number or grantor’s SS# for a trust brokerage acct?

It’s a grantors trust established in NYS

Richard William Cutler
Richard William Cutler
answered on Sep 21, 2020

If you mean a "grantor's trust" like a "living trust" that is subject to distributions of income and principal by the grantor at any time, then use the grantor's SS#.

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3 Answers | Asked in Estate Planning for New York on
Q: My husband and sister in law are co trustees of their mothers (who recently passed away) trust. Their mother's attorney

Wants to have a meeting and my husband wanted me to join him the attorney advise my husband that legally he can only meet with the 2 trustees of the trust no 3rd parties allowed my husband was wondering if this is true as he did want me to attend with him and he does not like or trust his moms... View More

Richard William Cutler
Richard William Cutler
answered on Jun 16, 2020

The attorney may be concerned about privilege, since the lawyer-client privilege might not be effective where a third party (you) was involved in discussions. That aside, since your husband is a trustee, he can choose his own lawyer (who may or not be joint with his sister's lawyer). In... View More

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