Legal Question in Wills and Trusts in New York

In Jim's will, he leaves $10,000 to nephew Mark. He leaves the remainder of his estate, $100,000, to his wife Sally. Sally and their accountant are co-trustees.

The will states that upon Sally's death, "my Trustee shall deliver the remaining trust principal and any accumulated income to nephew Mark."

The will also states that "if my wife survives, me... the remainder of my estate...is bequeathed to my wife for her use and enjoyment absolutely and forever."

Question: in light of the above, may Sally use all of the $100,000, including giving it to friends or charities, leaving a small balance or no balance at the time of her death?

Thank you!


Asked on 7/27/10, 5:24 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

I would need to read the Will to give you the answer. That should not take a lot of time, nor cost a lot of money, Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 8/02/10, 9:43 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Bob, but it sounds like Mark only inherits remainder if wife predeceased Jim and Mark survived her. I also need to see Will to verify this is accurate..

Read more
Answered on 8/05/10, 7:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York