Schenectady, NY asked in Estate Planning and Probate for New York

Q: my late husband and his father set up the irrevocable trust whereas my husband acted as a trustee.

We are still married, and we have two minor kids in a marriage. Do my kids have right for share of this trust?

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3 Lawyer Answers

Benjamin Z. Katz

PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: The trust generally spells out what happens when the maker passes away. I assume you father in law was the maker and your husband was the trustee. If no successor trustee is named in the trust, a petition will need to be brought in Court to appoint a trustee. If your kids are not beneficiaries of the trust, they are not entitled to anything just because you late husband was the trustee.

Lawrence Allen Weinreich

Answered
  • Garden City, NY
  • Licensed in New York

A: Only if the trust documents say so.

Michael David Siegel

Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: The terms of the trust will govern but your question is confusing. How can you still be married if your husband is deceased.

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