Locked out of house that I am 1/4 remainderman on - I have the trust papers - what do I look for?

[Onionsayswhat]

Jurisdiction

New York

House is in NY State. My mother died recently. She had a living trust on the house where she got to live in it until she dies but the house has been in the name of myself and 3 siblings - in a trust.

My siblings locked me out shortly before my mother died. I was told to obtain the trust documents to tell if I have the right to change the locks and enter the house.

I obtained the trust documents. What do I look for to tell if I have the right to enter the house?

The house is held in the name of the trust and my oldest sibling is the executor of the estate. He is the one who changed the locks on me.

I also asked the estate atty to send me the will and an accounting of the assets of the estate but he only sent me the trust documents and nothing else.

My mother died on Sept 22nd and we have not met w the trust atty yet as he says he has not had any open time on his schedule. We have an appt scheduled for Nov 13th.

Is this right that the estate atty has no forwarded me the other docs and is waiting so long to meet w us?

He only recently sent me the trust docs because I asked for them but he ignored my request for the will adn an accounting of the estate assets.

please help!

Additional questions:

My mother died on Sept 22nd 2018. She had a will and a living estate trust.

She had a house w no mortgage and various monetary assets.

My 3 siblings and I are the beneficiaries or I think the correct term is remaindermen.

The atty only provided me w the trust documents on Oct 26th - a month afterwards and only because I sent a registered letter to his office. Even then he did not send them until I called his office.

He ignored my request for a copy of the will and an accounting of the estate assets.

Is he within his rights to do that?

What are my rights??

What documents am I entitled to?

How quickly should an atty provide them?

Is it ok that he has no meeting scheduled w us until Nov. 13th?

If I was an atty - I would think my obligation is to provide the documents right away - within a week?

The estate is at least $500,000 in monetary assets and the paid up house worth $150,000.

I am quite upset that the estate atty feels in no rush.

 

[adjusterjack]

The estate is at least $500,000 in monetary assets and the paid up house worth $150,000.

Then you really need to hire a trust attorney of your own. Appears too complex to rely on strangers on the internet.

 

[mightymoose]

Being a part owner of a peppery doea not necessarily mean that you are entitled to free and unfettered access to the property.
Why do you require access?
It can be argued the executor has a responsibility to protect the property and restrict access. It is not unusual in these situations for property to go missing when access is not controlled.

 

[Onionsayswhat]

Being a part owner of a peppery doea not necessarily mean that you are entitled to free and unfettered access to the property.
Why do you require access?
It can be argued the executor has a responsibility to protect the property and restrict access. It is not unusual in these situations for property to go missing when access is not controlled.

Thanks for the response. I want to know if I have the legal right to enter the house cause it burns me up that my siblings did that to me without just cause. I got most of my possession out - but it's just that I want to know where I stand legally. I want to be able to tell my dastardly siblings that I am going to change the locks back and there is nothing they can do about it - legally. OF course I don't want to get in trouble w the law. It's as simple as because I want to know my legal rights.

 

[Onionsayswhat]

Being a part owner of a peppery doea not necessarily mean that you are entitled to free and unfettered access to the property.
Why do you require access?
It can be argued the executor has a responsibility to protect the property and restrict access. It is not unusual in these situations for property to go missing when access is not controlled.

Thanks for the responses but I am also looking for answers to these questions too!


The atty only provided me w the trust documents on Oct 26th - a month afterwards and only because I sent a registered letter to his office. Even then he did not send them until I called his office. Is that acceptable behavior?

He ignored my request for a copy of the will and an accounting of the estate assets.

Is he within his rights to do that?

What are my rights??

What documents am I entitled to?

How quickly should an atty provide them?

Is it ok that he has no meeting scheduled w us until Nov. 13th?

If I was an atty - I would think my obligation is to provide the documents right away - within a week?

 

[army judge]

Thanks for the responses but I am also looking for answers to these questions too!


The atty only provided me w the trust documents on Oct 26th - a month afterwards and only because I sent a registered letter to his office. Even then he did not send them until I called his office. Is that acceptable behavior?

He ignored my request for a copy of the will and an accounting of the estate assets.

Is he within his rights to do that?

What are my rights??

What documents am I entitled to?

How quickly should an atty provide them?

Is it ok that he has no meeting scheduled w us until Nov. 13th?

If I was an atty - I would think my obligation is to provide the documents right away - within a week?

You don't own the house.
The trust owns the house.
You hold a 1/4 interest in the house.
The other 3 parties obviously don't want you living in the house.
The home might be sold, the proceeds divided among the four parties, distributed by the trust.
You need to hire a lawyer.

Free Internet advice is useless to you.

 

[Onionsayswhat]

You don't own the house.
The trust owns the house.
You hold a 1/4 interest in the house.
The other 3 parties obviously don't want you living in the house.
The home might be sold, the proceeds divided among the four parties, distributed by the trust.
You need to hire a lawyer.

Free Internet advice is useless to you.

No no nooooo you got it all wrong. I do not need nor desire to live in the house. I moved out and have my own place now.

My siblings know I have no desire to live in the house. As a matter of fact - they asked me if I wanted to rent it and I said now.

But they have locked me out. They do not live in it either.

Of course, I know I own a quarter - I told you that. I am simply trying to get some preliminary answers which is the reason for the existence of this website.

Once again - you have NOT answered the questions I asked but all kinds of questions I did not ask.

I will repeat- I was told by an atty that it depends on what is written in the trust as to if I can legally now enter the house. I AM NOT LOOKING TO LIVE THERE BUT I HAVE AS MUCH RIGHT - IN MY OPINION TO ENTER THE HOUSE AS MY 3 SIBLING CO-OWNERS - I am asking if I am within my legal rights and what in the trust papers will tell me this? OK DO YOU GET IT NOW!!! THAT IS THE QUESTION! YET nobody has seen fit to answer that question but only talked circles around it.

here are the other questions I asked that nobody has answered:

The atty only provided me w the trust documents on Oct 26th - a month afterwards and only because I sent a registered letter to his office. Even then he did not send them until I called his office. Is that acceptable behavior?

He ignored my request for a copy of the will and an accounting of the estate assets.

Is he within his rights to do that?

What are my rights??

What documents am I entitled to?

How quickly should an atty provide them?

Is it ok that he has no meeting scheduled w us until Nov. 13th?

If I was an atty - I would think my obligation is to provide the documents right away - within a week?

I would appreciate it if you NOT reply unless you want to answer the questions I ASKED not other things that I did not ask.

Everyone stop telling me I need to hire a lawyer. I certainly don't need your advice to be told that.

 

[Onionsayswhat]

You don't own the house.
The trust owns the house.
You hold a 1/4 interest in the house.
The other 3 parties obviously don't want you living in the house.
The home might be sold, the proceeds divided among the four parties, distributed by the trust.
You need to hire a lawyer.

Free Internet advice is useless to you.

I'll determine what is of use to me. If anyone answers the questions I asked, many of which do not require anything more then to answer them, then it will not be useless to me. YOU are not the determinate of what is useful to me- I am.

By the way - the house can only be sold if all 4 agree and I intend to NOT AGREE to any sale as long as I am locked out. So I will be the boss when that time comes - not them. And understand as I said that I have no interest in living in the house but simply am miffed that the family home that we all grew up in and all own jointly now - that I am locked out. As far as there being a fear of things being taken- we all WANT to get rid of all of the things in the house and are each allowed to take WHATEVER we want. The problem is - none of us want much of what is in there as we all already have most everything we need and can't use anything that is in the house.

 

[Onionsayswhat]

You don't own the house.
The trust owns the house.
You hold a 1/4 interest in the house.
The other 3 parties obviously don't want you living in the house.
The home might be sold, the proceeds divided among the four parties, distributed by the trust.
You need to hire a lawyer.

Free Internet advice is useless to you.

you totally ignored all of the questions I asked. Please do not respond further unless you can answer the exact questions I asked. those questions can easily be answered here so I disagree w your comment.

 

[Onionsayswhat]

none of your responses were responses to the direct, specific questions I asked.

 

[army judge]

none of your responses were responses to the direct, specific questions I asked.

You noticed, huh?

No one else cares, either.

Go hire a lawyer, big mouth, big shot.

Thread closed.