QUESTION

Do I need a New York court to designate a Trustee for a New York Trust?

Asked on Oct 17th, 2016 on Trusts and Estates - New York
More details to this question:
I am Trustee for a New York Trust. The other Trustee has died, and I need a court to designate his successor. Do I need to petition the same court in New York, any court in New York, or can a local court (I'm in Hawaii) designate a new Trustee?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
This is actually a complicated legal issue, which will be governed in large part by the terms of the trust.  When you say "New York Trust", I am not sure what you mean.  Do you mean it was part of the New York will or just made by a New York resident way back when?  Also, whether it is a testamentary trust determines if it is Surrogate's Court in NY or Supreme Court.  There is a chance Hawaii could have jurisdiction.  To answer this question I would need to see the trust.
Answered on Oct 22nd, 2016 at 1:36 PM

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