Legal Question in Wills and Trusts in New York
access to a will
I am in recovery from substance abuse and am quite sure that my name is on the deed to my deceased uncle's house as well as my mother, sister and cousin. I would like to know 1. where i can get public knowledge of the will, 2. can my mother put it in trust for me without notifying it, and 3. since as of now she choose not to sell the house but rent it, is she entitled to keep all the rent money if the deed to the house had 4 names on it? i do know my mother is the executor of the will. I do believe they are trying to protect me due to my history of addict behavior but i don't like the ''secrecy'' of it all.
1 Answer from Attorneys
Re: access to a will
The Will is a public document and can be seen at the Surrogate's Office in the County where he died. You can also get one from the executor, who should have sent you a Notice of Probate informing you, if you were named in the Will, of its probate and also enclosed a copy of the Will. If you were entitled to a portion of the estate, the Will could establish a trust for you, under the Will, with someone named as trustee (maybe your mother also). The County Register would have the Deed, and you can go there and see if your name is on it. Being named on the Deed is like being a partner in a partnership. Someone becomes the managing partner and operates the house, collecting the rent and paying the bills, making repairs, etc. If there is any rent left after the bills are paid, it could be distributed to the owners, in proportion of their ownership interest, unless funds need to be accumulated for anticipated repairs. Both the executor and the manager of the house would be required to account to the heirs/owners for the operation of the estate and/or house. If a trust was established for you under the Will, the trustee also is required to provide you with an accounting, unless the Will specifies this is not required. Anyone in one of these positions has to properly administer the assets and can be sued if they act improperly. Other than these general answers, without seeing documents, I cannot provide more information.