Legal Question in Wills and Trusts in New York

how do i know if i was in my aunt's will or not? first my mother passed away but my brother was named POA. he said there was never a will. my mother was not that kind of person. i know for a fact she would have written a will but i did not know how to search on my own. Then my aunt just passed away. My uncle Ricard was made POA also and he said no will. I know there would have been for her also because she would always tell me, don't worry when i die i am going to leave you my brownstone to split between you, your brother and sister and nicole. i think nicole got everything and the will was ignored. nicole got married to a guy with no job and now they all of a sudden own a business (verizon wireless store in florida) can someone please help me?


Asked on 4/01/10, 9:27 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

First, check in the Surrogate's office where each person died. if there was a Will and it was recorded or probated, you can get copies for a nominal cost. In the absence of a Will, see if anyone filed to be an Administrator of the estates. POAs terminate when a person dies, so they are no longer effective, and either there is a Will or an Administration. However, probate is not required if assets have been registered jointly or if people are named as desognated beneficiaries (like i9n a life insurance policy). Finally, it is possible that the people named as POA might have cheated and taken assets and put them in their name so thet would "inheri" them, even if they were not to do so. I would suggest also checking the Deed recording office where the property was, to see if a new Deed has been filed.

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Answered on 4/06/10, 1:55 pm


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