Legal Question in Wills and Trusts in New York

My family has many properties in one estate, that was divided evenly between my aunt and my father according to a will that my grandmother made before she passed away. My father made a will dividing his share evenly between all 5 of his children, before he passed away. My oldest brother and one of my aunts daughters has since took over and is now the head(s) of the family estate after taking my aunt to court. Since my father's passing I haven't claimed any inheritance and I do not really know what I'm entitled to. I don't know how to get a copy of the will for my grandmother or father and not sure where should I go from here?


Asked on 5/06/14, 12:41 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

If the wills were filed for probate you go to the Surrogate's Court in the county they resided in at their death. You may examine the file, usually, on a computer terminal, and have copies printed of the pages you want.

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Answered on 5/06/14, 1:06 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

I do agree with the prior answer.

We have many cases like yours. The executor or fiduciary is put in charge, and then takes all the money for themselves as and for management fees, distributions, shareholder salaries, etc.

At the end the estate has no money left.

Once you have obtained the complete files for all the people who have died, you can piece together what is going on.

You can also ask for a interim or final accounting of the properties, and demand that the properties be sold or that there is equitable distribution of the properties.

From the tone of your letter, it appears that you and possibly others have not received monies from the rents and income of the estates.

The longer it goes on, the worse it is going to be to recover monies.

Jeffrey A; Lazroe

Attorney at Law

37 Franklin Street

Buffalo, New York 14202

1-716-856-8811

We service all of New York State,

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Answered on 5/06/14, 1:19 pm


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