Legal Question in Wills and Trusts in New York
Am i entitled to see my uncles will
My uncle passed away in march, and my aunt took control and said he left everything to her, he had no will amd we think she had one made up whike he was dying and on morphine. She never let her brother's see this so called will, can i request a copy of it being i he was my uncle, i dot't want to see her get away with this. Thank you nick peretta
2 Answers from Attorneys
Re: Am i entitled to see my uncles will
Nick: A Will is a public document and can be viewed at the Surrogate's Court in the County where your uncle died, by anyone. Or you can call them and for a small fee they will send you a copy. You must act quickly if there is a claim against the Will, as the time period for filing a Will contest is very limited. If he died without a Will, his estate passes by statute and other siblings have an equal right of inheritance. First, you must determine if there was a Will and when probated, and consider the claim.
Re: Am i entitled to see my uncles will
You can request a copy of the will, if your aunt has put one in for probate. You can contest it, but this is a long and expensive proposition.
I am afraid there may not be much you can do. If the will is declared invalid, then your uncle will be intestate. His estate would pass to his spouse, and any children he had.
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