Legal Question in Wills and Trusts in New York

battle of the minds

My parents are in there eighties now both being retired for some years. I have an older sister and a younger brother that make up our family. Every time we have a gathering I always ask my parents about their will and they never give me a direct answer to who the executor is or if they are dividing their estate and assets equally to each of us. Is there a way in which I could have these questions answered. I would appreciate any further information that you could offer in answering these questions.

Thank you


Asked on 10/20/02, 5:10 pm

3 Answers from Attorneys

Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: battle of the minds

There is no requirement on your parents part to provide you with information about their Will, just as there is no statutory requirement for a parent to leave an inheritance to their adult child. You will have to wait until the time your parents� Will goes to probate to learn its contents, unless, of course, they decide to show it to you before then.

Read more
Answered on 10/21/02, 9:18 am
Walter LeVine Walter D. LeVine, Esq.

Re: battle of the minds

There is no way you can find the information if they do not want to give it to you now. I suspect they may be not willing to talk about these matters due to their age and feelings of impending death or chronic illness. Better tp put off for tomorrow what you fear may occur today. I suggest you and your siblings get together with them and try to open a discussion, recognizing their fears and concerns. Maybe suggesting (true or otherwise) that one or more of you have had estate planning done and how it relieved your fears and concerns, suggesting that if they haven't done anything, they meet with an elder law attorney, to discuss possible mediciaid planning and related matters, can be the door opener. If all of the kids are in agreement they should discuss these matters, this will be helpful.

Read more
Answered on 10/21/02, 12:21 pm
Meg Rudansky Meg Rudansky, Esq.

Re: battle of the minds

Your parents have no obligation to tell you about the contents of their will. Once your parent(s) pass away, if their will is probated, then it becomes a public document. Before that time, the only way you will see the will is if they choose to share the contents with you.

Read more
Answered on 10/20/02, 5:33 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York