How can I ensure I get my 1/3 share of my father's trust in New York and the personal items he wanted distributed?

Question

My father died by suicide a year ago, and the trust managing his home sold it, intending to divide the proceeds equally between me and my two siblings. Initially, I was told that my father left a note indicating his wish for me to have his truck—the place of his passing—and divide personal items among family members. However, these wishes haven't been honored. My siblings, who are co-administrators, have not followed through on his directives. I signed off to allow them to be co-administrators. Their lawyer sent me paperwork stating the assets would be evenly distributed, but this hasn't happened. How can I ensure I receive my 1/3 share of the trust as agreed upon and address the personal items my father wanted distributed?

Gregory M. Lendino · Answer

I’m very sorry for your loss. It’s understandable that you want to ensure your father’s wishes are honored, and it sounds like there are serious issues with how your siblings are handling the trust and estate distribution. Since you already signed off on them being co-administrators, you still have legal rights to enforce your 1/3 share and any personal items your father wanted you to receive. 
 
Steps You Can Take to Protect Your Share 
 
1. Demand a Full Accounting of the Trust 
As a beneficiary, you have the right to receive a full accounting of the trust’s assets and how the proceeds are being distributed. 
If your siblings have not provided an official written breakdown of the funds, you could send a formal request through their attorney. 
 
2. Address the Personal Items & Your Father’s Wishes 
If your father left a written note or instructions, these could be considered in court, even if they weren’t part of the formal trust or will. 
 
If your siblings are refusing to distribute personal items as intended, you may have legal grounds to challenge their decisions. 
 
3. Enforce Your Rights Through Court (If Necessary) 
If your siblings are delaying, mismanaging, or refusing to distribute your rightful share, you could file a petition in Surrogate’s Court to compel them to: 
✅ Distribute your 1/3 share of the trust assets 
✅ Follow your father’s wishes regarding personal items 
✅ Provide a full financial report of how they are managing the trust 
 
If you suspect misuse of funds or unfair treatment, you could request a trustee removal or court oversight. 
 
Since you already signed off on their appointment, enforcing your rights can get complicated, especially if they are not following through. 
✅ Demand a formal accounting of the trust assets 
✅ Ensure you receive your rightful 1/3 share 
✅ Take legal action if your siblings continue to ignore your rights

Q: How can I ensure I get my 1/3 share of my father's trust in New York and the personal items he wanted distributed?