Legal Question in Wills and Trusts in New York
access to a will
I am the younger of two siblings, brothers, in our family. My brother, being older was named executor in our parents will. After both of our parents passed on, within ten years of one another, I was never given access to their will. Whatever was left from the estate was, supposedly, divided equally among the entire family, meaning the grandchildren included. Was this a legal procedure? If I was the executor I would have given my brother access to the document.
Thank You
2 Answers from Attorneys
Re: access to a will
The Will should have been submitted to probate and notice of this given to you. You can go to the Surrogate's office and see it, or, for a nominal fee, have them send you a copy. The Executor also has a responsibility to account to all named persons on what took place involving the estate. You can bring an action in the Surrogate's Court to compel the accounting.
Re: access to a will
If an estate was opened the Will is on file in the COunty where probated usually last county of residence for parent. It is available to see if you request a copy from the clerk. In NY surrogates court handles the documents. In any event once an estate is opened it is public record and access is available to you to see and request a copy.
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