Legal Question in Wills and Trusts in New York

My uncle recently passed away. He had a wife, but no parents, children, step-children, or. grandchildren. He married later in life, at age 41. He had a living revocable trust. My aunt is being secretive about its contents. She has told my brother that my uncle left several large amounts of money to various charities. I am one of 8 blood neices and nephews my uncle had. He also has a sister still alive ( my mother ). My aunt made no mention that we are mentioned in the trust, let alone be left anything. If we are not even mentioned in the trust, don't we have a reason to contest the trust? I realize if he mentioned us, but had instructions that no provisions be made to us, we are probably out-of- luck. THis uncle was very, very frugile and we know he had at least 3-4 million dollars. We all were also very, very close to him throughout our lives. He treated us like his own children. We all were very good to him, always inviting him for holidays, parties,etc. I, and my siblings and cousins, are shocked to think he left us totally out as beneficiaries. His wife has her own money, pension, social securty, savings, etc.. and did not depend on my uncle's money. What are your thoughts. Thanks in advance.

Asked on 3/29/11, 11:26 am

1 Answer from Attorneys

Norman Nadel Norman Nadel, Esq.

You may not like this answer, but a niece has no legal right to inherit property from an uncle under these circumstances. The trust agreement will dispose of the property which your uncle transferred to the Trustee and other property will be disposed of by his will, if there was one. If he died without a will and is survived by a wife, then in these circumstances the wife takes everything.

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Answered on 3/29/11, 11:49 am

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