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Irrevocable Trust New York

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  • Irrevocable Trust New York

    I am the only Trustee on a property that was left in trust for me in NY. Do I need a lawyer to do the paperwork or can I just go to the county clerks office and they can guide me?

  • #2
    I would suggest that you start with a consultation with an attorney and go from there. My husband is the trustee on his father's trust and has had to use an attorney for the sale of the house within the trust since his father died. It ensures that he's dotted all his i's and crossed all his t's.
    I am not able to respond to private messages. Thanks!

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    • #3
      County an City Clerks are not allowed to advise you about anything other than paperwork. There is such a fine line between what is considered "guidance" and practicing law without a license. They may want to help but are prohibited from advising you.
      An attorney is a must.
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson

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      • #4
        Agree. Court clerks can generally tell you the necessary forms required & sometimes help with questions completing the paper work. However, they cannot give you any legal advice like an attorney can.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          ok Thank You

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          • #6
            You're welcome.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              I would just add that there may be legal or tax reasons to either distribute the property out of the trust (if that is permitted by the trust instrument) or to leave the property in the trust. While a clerk may be able to discuss appropriate forms to file and/or record, they are certainly not in a position to give you legal advice on whether what you are doing is a good idea.

              Talk to a lawyer who practices in the trusts and estates area. A lawyer who concentrates his or her practice in family law or personal injury law is probably not in a good position to provide advice on trust matters.
              David K. Staub (www.illinoisbusinessattorney.com)
              Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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              • #8
                Unless there's a different thread about this, your post is awfully unclear. What paperwork you talking about? Others have responded based on, I gather, it being a matter of you wanting to transfer the property from the trust to yourself.

                The county clerks aren't there to provide you with DIY steps about how to transfer ownership. You don't have to use an attorney, but it sounds like you're not clear how to draft up the deed, etc. It oughtn't cost more than a few hundred for a real estate attorney to draw up, at best.

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