Legal Question in Wills and Trusts in Canada
Left out of fathers will
My father passed away 3yrs ago,he resided in New York and we(my brother and I)live in Canada,he remarried 20yrs ago,& we kept in contact with our father.His wife didn't want him to have anything to do with us,which did not stop him,he visited us regularily and when he passed away,his wife received everything and his other 2 children.There is a very large estate involved,however,my brother and I rec'd nothing. His wife & I were not exactly on a friendly level.We have been struggling financialy for quite some time and she has just recently moved into her new 2nd home & is very well off.My father had 4 grandkids he immensely enjoyed which we found odd that he never even mentioned them in a will.Now I understand that in NY the laws are different& there is no time frame for a will to be filed, but like I mentioned before it's been 3yrs &we are afraid she(wife#2) will spend all of the $, how do we go about seeing if there was a will & if so how do we 'contest the will' being as we live in Canada.What steps do we take to even find out if there was a will, and how do we go about getting legal help? Lost in Canada
1 Answer from Attorneys
Re: Left out of fathers will
You must speak to a lawyer skilled in the administration of estates in the state where your father died--New York? If you search Google you can find a website for members of the American College of Trust and Estate lawyers. Look up names in the same state and call them. Few Canadian lawyers can advise you in this circumstance. The law of the place where your father lived and had his property is the law which dictates how his estate is handled.
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