Legal Question in Wills and Trusts in District of Columbia
legal resposibility
My inquiry concerns the death of my adult sibling,who stated to me prior to death, that I was in the will,
as well as a beneficiary,in a wrongful death ( due to mal-practice) suit. Their is only one child-an adult,and three mos. have passed without any contact
made to me,and no responses to my contacts.
What is my recourse ?
Thank-you
2 Answers from Attorneys
Re: legal resposibility
Check with the lawyers; the one handling the wrongful death action and the family lawyer, if any.
You can apply to the Surrogate to have a Will produced if you have information that a particular person has possession of the document.
The oral promise alone will not bring results.
Re: legal resposibility
A will becomes a public document once filed in a probate proceeding; consequently, you can check with the Surrogate�s Court in the county where your sibling lived as an adult. You may also want to check with your sibling's attorney who handled his/her will and the attorney handling the malpractice case.
Also, unfortunately, if your sibling made an oral statement that you are a beneficiary of his/her estate, but did not include same in his/her will, you will not be able to participate in the distribution of his/her estate under the will as an oral representation is not sufficient under NYS law.
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