Clarifying the Meaning of a Will or Trust
A well-written will or trust is clear and unambiguous about who are the beneficiaries. When a will or trust is not clear, the beneficiaries or trustees may commence a proceeding for a will construction or a trust reformation to interpret a will or rewrite a trust document.
If you are unable to administer an estate or trust because the terms of the document are unclear, contact a trust and will construction lawyer at GREENFIELD STEIN & SENIOR, LLP. Our experienced estate litigation lawyers, based on decades of experience, will review your case and provide you with sound advice.
When a Will or Trust is Unclear or Incomplete
Trust or will construction proceedings are usually commenced when the estate planning documents are unclear or contradictory about:
- The identity of a beneficiary, for example if:
- A will states that the deceased left a watch to his brother, but did not specify which brother
- A trust lists several beneficiaries, but all of those beneficiaries are now deceased
- The party responsible for managing the assets in probate or trust administration is unclear, as may be the case if:
- The executor or trustee has died, and no successor is named
- No executor was named in a will
- Who has a controlling opinion in deciding how assets will be used or distributed
- The allocation of estate taxes
Will or Trust Reformation
A trust or will may be "reformed" to fix a tax problem or to better reflect the testator’s intent when he or she had the will drafted. Reformation will only be permitted under very limited circumstances by New York Surrogate's Courts. If you feel a reformation is necessary, it is best that you have the advice and counsel of attorneys with many years of experience dealing with these types of estate litigation matters.
If you are seeking an attorney to assist you with a will construction proceeding or a trust reformation, contact the law office of GREENFIELD STEIN & SENIOR, LLP, to schedule a consultation.
