Legal Question in Wills and Trusts in New York

Re: Executing a will

Only the executor can sign the papers to transfer the stocks, etc. registered in your mom's name.

The only way that you can be appointed executor is to probate the Will.

So, in effect, if you don't probate the Will, you won't be appointed to serve as the executor, and consquently, you can't sell or transfer the securities.

It's not difficult, and the probate clerks are very helpful. In a pinch you can hire a lawyer.

Re: Executing a will

If all of the stock is titled in your mother's name, you have no choice but to start a probate proceeding in Surrogate's Court in order to get the authority to transfer title to those stock to you and your siblings.

Meg Rudansky, Esq.

631-725-4778

Re: Executing a will

Probate must be utilized if all assets are in your mother's name solely, but is not needed for joint assets (those registered with two or more names). This is necessary to grant the executor authority to deal with the assets and the asset hoders (brokers, banks, etc.).