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

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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

Answers:

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

Answered 6 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.


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