Legal Question in Wills and Trusts in New York
can i get a copy of will?
My aunt died in march 06. She had never married nor had children. she had 17 nieces and nephews. The house she lived in was her fathers. his will gave share to his wife and 5 children ,of which my father was one. They signed their share over to their mother. When my grandmother died my aunt inherited the house.
She told me often before she died that the house would be divided amongst the seventeen.
My cousin who had power of attorney sold the house 6 mos. before she died. The mother was put in several bankbooks in the name of my aunt and my cousin.
When mt aunt died ,my cousin said she does not have to give us anything but she will do the right thing.
Do I have a right to see this will?. They have not probated the will since the money from sale of the house is still in my cousins bankbooks.
My aunt was very hysterical and did not want to sell her house,in fear that she would be put in a nursing home,which is what did happen. She signed the deed ,thinking she was going to live with the niece who had power of attorney.I want to see her will.
1 Answer from Attorneys
Re: can i get a copy of will?
If a Will was submitted for probate, you can see it at the Surrogate's office in the County where your aunt lived at the time of her death. I suspect there was no Will, so do not be disappointed if there was no probate. I also suspect that the neice is playing fast and losse, although there may have been a good motive in selling the house (Medicaid planning for nursing home care). I suggest getting a good local attorney familiar with estate matters to assist you. It may be that a claim must be made against the neice for an accounting and possible charges if the funds are not distributed properly. This can be a costly matter if the niece is reluctant to be forthright. I suggest getting the other involved nieces and nephews to join you, so the costs can be split among you.
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