Legal Question in Wills and Trusts in New York

My son has a special needs trust. Of which my husband and I are co-guardians. The trust outlines who is to be paid in the unfortunate event of his death. But the last paragraph indicates the remaining principal should be paid to the legal representative of the Estate of the Beneficiary. Who is that exactly? Do I need to submit a document to be appointed his legal representative?


Asked on 3/08/12, 7:00 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

This does not seem to make sense, but I have not seen or read the document. If your son predeceases the remainder interests, it seems the principal will be paid out to living people, not an estate. It may be that this paragraph covers what happens if there are no remainder people living at the time of your son's demise. I would need to read the exact language to provide more than a speculative repsonse

Read more
Answered on 3/10/12, 8:14 am


Related Questions & Answers

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