Monroe, GA Estate Planning Law Firms & Lawyers

Beneficiaries of 401K plans have two choices. If your son has not already elected to roll the money over into an inherited IRA, he should be able to take the money out of the plan in the first 5 years following your sister's death and pay not early withdrawal penalty. He will, however, then be required to take out all fund and pay all differed income taxes. If you son is still a minor and was named directly as a beneficiary (as opposed to the beneficiary being a custodial account or trust of which he is the beneficiary) there may be a problem with his receiving the money without a court ordered guardianship, court created trust, or blocked account. You should check with the company about what they will require and work with an attorney to have that set up so that it can receive the funds.

I would be happy to assist you. Do you have a copy of the Trust or is it part of the will you are trying to locate?  You should be able to get a copy of the will by call the Surrogate's Court in NY in the county where your grandfather died. Appointing a new trustee has become easier in the last few years, but it all depends on the appointments clause in the trust.  I would need to see the trust to advice how simple or hard it will be.  Either way, we can get a new trustee appointed.

Based on the information you provided, you mother is not legally responsible for the real estate taxes on the property, your stepfather's brother is. If the real estate taxes are not paid, the property will be sold for taxes by the County. If they are not redeemed withing a certain time limit, title to the property will pass to the tax purchaser after notice and hearing.