Irondequoit, NY Estate Planning Law Firms & Lawyers

Technically, you probably have to open a probate for your mother's estate which would then pay the money to the trust. You might be able to convince the foreign estate to skip the step of making the payment to the estate. If I were the lawyers for the aunt's estate, I would not advise the personal representative to pay to the trust because that doesn't protect the personal representative if someone claims your mother's will is invalid or if a creditor comes out of the woodwork.

Assuming you have little or no assets, and did not acquire any community property during the current marriage, your children of a prior marriage would be entitle to receive everything unless you have jointly owned assets of any kind held with your present wife, in which case she would survive to those assets. You could draw up a will or have one prepared to accomplish your objective.

Your authority under the POA expired with your grandmother.  If there is no Will, the estate, after debts are paid, will be distributed according to the NY state laws of heirship.  Someone must be appointed by a court to settle the estate and open a bank account for it.  Contact a probate lawyer who practices in the surrogate's court in the county in which your grandmother died.