Legal Question in Family Law in New York

family issuse

my father passed away last week and my name was down for beneficiary, my uncle and my brother went and got all of the papers and took over everything. Now they are telling me that my father didn't leave me anything and they also said that he didn't have an insurance policy. So now whatever my father let me I can not get it. Is this a matter that I can take to the courts?


Asked on 7/02/08, 2:34 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: family issuse

You have to see the will. You have a right to demand a copy of the will. So before you commence an action in Surrogate's Court, you should read a copy of the will.

Mike.

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Answered on 7/02/08, 2:48 pm
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: family issuse

If there was a will, and your brother (or whoever was named as executor) brings a proceeding to probate the will, then you must receive notice of the proceeding. Be careful if you are asked to sign a waiver and consent form - you would waive any right to contest the will. Please contact my office diretly if you would like to discuss your situation further.

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Answered on 7/03/08, 12:30 am


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