Legal Question in Wills and Trusts in New York

Re: estate /will not probated

AS much as it does not seem fair, the lifetime

transfer of property is probably legal and

will not now be upset

the attorney is being foolish relative to the

Will. A letter from any reputable attorney

with a copy to the Surrogate will get a copy

of the Will sent ex post haste

Re: estate /will not probated

As a daughter you are entitled to see a copy of the Will.

As a matter of fact, the Will cannot be submitted to the Surrogate for probate unless you are legally served with a copy of the Will.

Something sounds fishy here.

Re: estate /will not probated

I agree with Mr. Nadel. Something sounds weird.

It would be in your best interest to retain an attorney. It sounds like you are going to have a fight here. Your sister may have done something she should not have prior to your mother's death. If she did, you will need an attorney with experience in that type of case. If she did not, this should be clear after you review the will.

Also, your sister's attorney may be much more willing to release the will to you when you have an attorney. It sounds like the attorney may be trying to pull something on you. If you have your own attorney, your sister's attorney may be much more helpful.

Re: estate /will not probated

Given the change of will and the transfer of title to the home so close to your mother's death, I am suspicious. When the will is probated, you should receive a notice, at which time you can, if your unsatisfied with the status of your mother's estate, announce your intention to contest the will. I sugggest that in anticipation of that, you retain an attorney.

If I can be of help, let me know.

Daniel Clement__________________________________

Law Offices of Daniel E. Clement

350 Fifth Avenue, Suite 3000

New York, New York 10118

Tel: (212) 279-6194 Fax: (212) 695-6007

E-mail: [email protected]