Legal Question in Wills and Trusts in New York

Infant children removed from deceased father's house
My children's father was killed in an accident. His will was not updated following the birth of my children. The will executed in 1991 stated essentially, that all properties, real and personal, shall be held in a single discretionary trust for the health, maintenance and support of all his children, per their needs. The Trustee is the maternal uncle of the his older children, 16 & 18 yrs. The uncle created an extremely hostile environment for my children and threatened them and myself with a sheriff's eviction is we did not leave immediately. We left with the clothes on our backs. The older children and their grandmother are still living in the house. My children have been denied re-entry. The property is being maintained via trust funds. The estate is not out of probate. What are my children's rights? Should monies be released to support my children during probate, since the older children are benefiting from livng in the home maintained by the trust?

Asked on 4/09/02, 1:42 pm

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

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Re: Infant children removed from deceased father's house

Your situation is far too complex to deal with here. You really need to retain an attorney, and sue the other relatives.

Answered on 4/09/02, 3:08 pm

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