Legal Question in Wills and Trusts in New York
Is estate value/inventory public record?
My wife's Aunt died 11/00 in Brooklyn,NY and signed a ''death bed will'' written by my wife's sister, leaving all to that sister, excluding my mother-in- law as well as my wife and a brother. What relatives were required to be notified and to sign off on the ''no contest of will'' document? Does it include nieces and nephews or just sisters(she was single). Since there was a house that was just sold, I don't believe that the estate has been settled yet. Are the assets/inventory of the total estate a matter of record? My sister in law has told my wife it is about $675,000, however I suspect it is more....
My wife never received a ''No Contest'' document or what ever it is called; My mother in law got one and was told that it was just a formality and she should just sign it. We realize it is ''water over the dam'' but it would be nice to know just how much the estate was worth and what was involved. Thank You
3 Answers from Attorneys
Re: Is estate value/inventory public record?
Your wife should go to the probate court where the death bed will was probated, and inform the court of her potential interest. There may be some type of undue influence, but I do not have enough facts to give you an opinion about that.
Re: Is estate value/inventory public record?
All beneficiaries named in the will must receive "Notice of Probate" informing them: when and where the will was probated. Also, since the probated will is public record, anyone can go to the Surrogtes office to reseach the will. If the estate exceeded $675,000 it will be subject to Federal EstateTaxation and the estate/executor must file a form 706 with the IRS. The situation may justify an evaluation of "undue influence" in the drafting and execution of the "death bed will"
Estate value/inventory is public record.
The problem is the petitioner, your surviving aunt-in-law is the one who makes the list.
Assuming the will was executed with two witnesses it will be hard to overturn, but there are fact patterns that allow it.
If your mother-in-law is surviving she is on the same level as the aunt who is the executrix. She must sign a release or be served with a Notice of Probate." If she wishes to object because of undue influence she must file an answer and NOT SIGN the release.
The only children that would have to get or sign notices are children of predeceased sisters or brothers. Your wife is not entitled to notice and will not receive anything if the will is approved. If in the prior will, (assuming there is one) your wife was named she as a beneficary, she is effected and can contest the will also.
Estate work is complicated and an attorney is needed!
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