Legal Question in Wills and Trusts in New York
My father died 11/6/20 in New York. Asked the trustees for copy of the will. Was told it doesn't have to be given until done with probate. Are we (the beneficiaries entitled to a copy of the will and the trust?
2 Answers from Attorneys
When the will is filed for probate you can obtain a copy from the court. If you are concerned about the trust, you can obtain a court order to obtain a copy.
Please accept my condolences on the loss of your father.
Whomever told you that you are not entitled to a copy of the Will gave you wrong information. The probate process cannot go forward until you sign a "Waiver and Consent," or are served with a Citation. Both of those are opportunities to get a copy of the Will. I recommend that you call a lawyer.
Once again, I am sorry for your loss.
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