Legal Question in Wills and Trusts in New York

You do not have a right to see your brother's will because of your status as executor of the estate of your father. You only have the right to request and be given a Certificate of Letters Testamentary from the Court which appointed the executor of your brother's estate evidencing the appointment of such person as his personal representative. Who the assets are distributed to under your brother's Will is the business of his executor/personal representative and the beneficiaries thereunder. However, once a Will is filed for probate, it is public record in the court in which it is filed. You should contact the Probate/Surrogate's Court where the Will was probated and ask what the fee would be to have it sent to you.

I am sorry for your loss.

Although I do not practice in Florida, if your brother had no spouse or children, and if he died intestate (without a will), then the estate would go to his brothers and sisters. For that alone, you would be entitled to see a copy of the will and given the opportunity to contest probate. Therefore, Ms. Accetta is wrong in her advice.

Ms. Accetta is correct that money from your father's estate to be given to your brother's estate. Therefore, you would need a certificate of Letters Testamentary from the Florida Court in order to determine the executor for the estate.

Mike.

I do practice Estate Law in South Florida. Since your brother left a will, it will go to probate in Palm Beach County. Once filed, you can see a copy.