West Islip, NY asked in Estate Planning and Real Estate Law for New York

Q: I need help with an irrevocable trust of my grandmother regarding her house. She has died how do I obtain my portion?

The trust divided her house into 4 ways. 1 of the beneficiaries has died leaving 3 of us left. 1 of the 3 is currently living in the home refuses to leave or settle the house affairs. I do not know how to obtain my piece of the house. I do not have money to hire a lawyer to settle this. The house is located in NY state. My grandmother died 4 years ago the trust was put in place in 2008.

(Edited your ADD)

I went to the District Court office and obtained a copy of the Deed which includes NYS Form 8002 regarding the irrevocable trust stating how the house is to be divided. I’m in the process of obtaining death certificates. I just wasn’t sure if I necessarily needed an attorney to settle this matter or if there was a form I could file on my own being my name is on the Deed of the property.

3 Lawyer Answers
Gary Lane
Gary Lane
Answered
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: Who was appointed as the Trustee (administrator)? It is their job to distribute the assets. If they cannot do it voluntarily, as hoped, then their alternative is to file in Probate Court, to force the sale and distribution. They should hire an attorney if they are not one. The cost would come out of the estate.

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: I know you say you have no money for a lawyer, but you are going to have to sue to get your share. The trust and divided ownership was a complex estate plan, and makes things more difficult for you. It is not a simple case.

1 user found this answer helpful

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Aside from the points raised by my colleagues, it is important to confirm that the real property was actually transferred into the Trust by the recording of a deed putting title to the property in the name of the Trust. If this step was not taken, regardless of the terms of the Trust, a probate or administration of the Estate may be needed or you may instead be able to commence a partition action.

1 user found this answer helpful

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