New York | Wills and Trusts
5/03/09, 8:57 am
Legal Question
Testamentary trust
I am beneficiary of 50% of my deceased father's assets. My brother is beneficiary of the other 50% and executor. My dad put my money ''in trust'' with my brother in his will without specifying when or at what time it should be distributed to me. The wording of the will is ambiguous and gives my brother discretion. My brother wants to wait until I'm retired in 10 years, and pay out a nominal sum per month. I am terminally ill and will not be alive by then. I would like my partner (not married) to receive whatever is due me from that trust when I pass. What legal document will best serve this purpose, and will my brother be able to hold onto the money beyond my demise and prevent my partner from receiving it?
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