Legal Question in Wills and Trusts in New York

A jury gives verdict to a case in which the plaintiff is a trust.Verdict in favor of Plaintiff.

The defendent deposits award amount with the court within 48hrs, after decision.

Can 80% of the members of the trust reject the verdict and appeal amount,

Do you need legally to have entire trust in agreement to appeal?


Asked on 9/15/11, 9:21 am

4 Answers from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Ask the atty who represented the plaintiff.

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Answered on 9/15/11, 9:56 am
David Slater David P. Slater, Esq.

The trustee makes the decision.

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Answered on 9/15/11, 10:11 am
Walter LeVine Walter D. LeVine, Esq.

I cannot answer this without reading the language of the Trust. Usually the trust language says that the Trustee makes all decisions, not the trust participants/beneficiaries. If this is what the trust says, the Trustee makes the call. However, if the trustee acted improperly, or went beyond his authority, the story is different and the verdict might be upset. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 9/15/11, 10:35 am
Michael Markowitz Michael A. Markowitz, PC

Walter is correct.

Mike.

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Answered on 9/15/11, 11:41 am


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