Legal Question in Wills and Trusts in New York

Trusts And Estates

My mother died in 2005 and provided a special needs trust for my benefit. In one chapter of the trust document it GRANTS me specifically the right to will my assets;in another portion of the same chapter, I am specifically PROHIBITED from exercising such a right.

Both provisions cannot be correct.

She died in Florida and the legal Situs is currently NY. I do not know whether the will was probated.

1)Which venue is the correct to file to construe the will?;

2)What pleading would I file in order to set in motion this process?

Thank you. The matter is currently urgent.

2)


Asked on 3/23/09, 8:19 pm

1 Answer from Attorneys
Robert Roemer Robert Roemer

your moms estate

Your question is complex. I work with a new york atty so I would suggest you e-mail me you phone number to discuss this matter.

Sincerely,

Robert Roemer

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Answered on 3/23/09, 10:06 pm


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