Legal Question in Wills and Trusts in New York

My grandmother passed away in 2002. She left a will and divided everything evenly to her children. My mother's portion was put into a trust for her to use for living expenses and needs. Her children (me and my brothers) are the "heirs" to what ever is left after she (mother) is gone. This part is in the will of my grandmother.

Shortly after the time of the will reading, my brothers and I were emotionally bullied by our mother into signing our rights off of the will so that she could get the moneys out of the trust. None of us had a lawyer to explain anything of the consequences of this. We just trusted our mother. Now mother is "mad" at me and saying she's cutting me out of the will. If it was left to her alone it would be a different story but it was mentioned in the will that the remainder be left to my mother's children (my brothers and I). Is there anything that I can do? Or do I suffer the consequences of signing a paper under the extreme emotional stress of the situaltion?

How can I get another copy of the will to look over it thoroughly?


Asked on 2/24/10, 11:30 pm

2 Answers from Attorneys
Ellen Victor Law Office of Ellen A. Victor

You can get a copy of the will by going to the Surrogate's Court in the county where your grandmother lived.

If the trustee dissolved the trust improperly, you may have some recourse there. The trustee had an obligation to abide by the terms of your grandmother's wishes. However, as a successor beneficiary, there was never any guarantee that there would be any money left after your mother's needs and living expenses.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Answered on 3/02/10, 6:02 am
Walter LeVine Walter D. LeVine, Esq.

I agree that the Will is available at the Surrogate's office. As to trying to reform what was done, this may be difficult, but not impossible. It depends on ages of the parties when things were done, how much influence Mom had over you (for example, were you living with her at the time) to get you sign off, how much time has elapsed since this was done, etc. I suggest contacting a good estate attorney. This is an answer 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 3/02/10, 9:52 am


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