Legal Question in Wills and Trusts in New York

To whom it may concer:

My father died last year and he had told me I was in his will. He was married to a women who is not my mom. My question is they never read the will, so what should I do. I help take care of her now and I asked her if I was in his will and she said yes but that is void now. What does this mean? She has her attorney as the power of attorney and now she wants me to be but he dont ever call us back. I hope it isnt too late to find out what the will said. I checked at surrogate court and none was on file. Thanks Frustrated in NY


Asked on 6/27/11, 6:21 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

It appears from your facts that no Will was ever filed, and that there may have been no probate estate (assets passing under a Will), even if he had assets. Assets registered in multiple names are not covered by a Will but pass by asset registration. It is possible that the wife may have had your father register everything in both their names, so a Will would be moot. This may require ligigation to uncover and resolve, which can be very time consuming and costly. I suggest you contact a local estate attorney to assist you and to help you make a decision how to go from here.

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Answered on 6/28/11, 10:21 am


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