A Nassau County court has ruled to restate the lost trust of Helen E. Pinnola, allowing her estate to be administered despite the absence of the original trust documents. The decision affects the trust's beneficiaries, including Helen's nephews Robert and Donald Kapuscinski, and establishes a legal framework for handling lost trusts in New York.

The ruling, made on July 9, 2026, by Judge David P. Sullivan, comes after a lengthy dispute over the validity of the Helen E. Pinnola Living Trust, which was created in 2007. The court's decision is significant as it clarifies the process for dealing with lost or destroyed trusts, which currently lacks specific legal provisions in New York.

Background

The case, known as Matter of Pinnola (File No. 2025-4536), centers around the trust established by Helen E. Pinnola, who passed away in 2017. Helen's spouse, Angelo Pinnola, died in 1997, and their son, Brian Pinnola, was initially named as a trustee. After Helen's death, Brian continued to manage the trust until his own death in January 2024.

Following Brian's passing, Robert and Donald Kapuscinski, Helen's nephews and the petitioners in this case, sought to restate the trust. They argued that the trust documents were lost and requested the court to declare certain assets, including a bank account and a property in Glen Cove, New York, as part of the trust's estate. The petitioners also sought the appointment of a new trustee to manage the trust.

The Ruling

The court ruled in favor of the petitioners, stating, "Clear and convincing evidence has been presented to establish the existence of the Trust and its valid execution." Judge Sullivan noted that the absence of the original trust document does not negate the validity of the trust, as essential elements were sufficiently demonstrated.

In his opinion, Judge Sullivan emphasized the importance of the Affidavit of Trust signed by Helen and Brian, which included key provisions of the trust and confirmed its existence. The court appointed the Public Administrator of Nassau County as the new trustee to oversee the administration of the trust, as there were no currently acting trustees.

Impact

This ruling has significant implications for future cases involving lost trusts in New York. It establishes a legal precedent that allows for the recognition of trusts even when original documents are unavailable, provided there is clear evidence of their existence and terms. This decision may pave the way for similar cases, offering a clearer path for beneficiaries seeking to enforce trusts that cannot be located.

Moreover, the case highlights the need for legislative changes regarding lost trusts. Currently, New York law does not have specific provisions for proving lost lifetime trusts, unlike lost wills. However, there is pending legislation aimed at addressing this gap, which could further clarify the legal landscape for trust administration in the future.

What's Next

While the decision can be appealed, there is no indication that the parties intend to do so at this time. The case sets a crucial precedent for the handling of lost trusts, and the related legislation could soon provide additional guidelines for similar situations.