Legal Question in Wills and Trusts in New York

Executor didn't file will yet?

My brother-in-law died in December of 2008 and my mother-in-law is named the executor on his will. She has yet to file his will does this will have to be filed with the court? Also my brother-in-law's girlfriend of 20 years thinks she entitled to everything including the house my mother-in-law lives in. Mind you my husband is her only son she has left. My mother-in-law is about 240,000 in debt that her deceased son left her with. The house is in her name and my deceased brother-in-law. My mother-in-law is not in the right state of mind and according to my brother-in-law's will she is the executor but if she is unable too than my husband would assume it. What should my husband do about this? Any help would be greatly appreciated.


Asked on 9/18/08, 2:08 pm

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Executor didn't file will yet?

Your husband can bring a proceeding to compel production of the Will. Once the Will is produced and filed with the Surrogate's Court, your husband can then bring a probate proceeding. If your mother-in-law is incapable of acting as executor, your husband can request that the Court appoint him as executor.

Please contact my office directly if you would like to discuss your situation further.

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Answered on 9/18/08, 2:41 pm


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