What are my rights if my sister and the trust lawyer mishandled the inheritance and trusts after my father’s death?

UPDATED: Dec 6, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 6, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if my sister and the trust lawyer mishandled the inheritance and trusts after my father’s death?

First, I want to know if I can sue the lawyer for mishandling but also, the last amount from the recent sale is being divided equally among the four siblings even though I believe my sister has taken more than her share previously. She sent me a letter that in order to receive the last of this trust money, I have to agree to “in consideration of the sum of.., distributed to me by …, Trustee of the … as amended and Restated 10/21/05, as full satisfaction of my interest in the subject Trust Estate, and of and from all action..” Is this normally done in order to receive the last of the money?

Asked on December 6, 2014 under Estate Planning, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  This is done to have you waive your rights in order to collect and generally some form of waiver is requested.  But you should not sign it and you need to speak with an attorney in person about how to handle this.  Your feelings that they mishandled the Trust amount to a breach of a fiduciary duty which is a grave mistake in New York.  Please seek help and bring all documentation that you have.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption