Legal Question in Wills and Trusts in New York
My father passed less than a month ago. His second wife my (step mom) and my older sister) are the overseers of his affairs. I live in Ca and I did attend my father's services in NY, however I was not given any information regarding his will or other information regarding his estate. And my phone calls now that I am back in Ca have not been returned by either my sister or my father's second wife regarding this matter. What should be my next course of action? And is their a time factor I should be aware of?
2 Answers from Attorneys
If there was a will, it must go to probate in NY. If everything was owned jointly it automatically goes to the surviving spouse.
If the will is offered for probate, you will receive a copy of the will and should be given the opportunity to either accept or contest the document.
A will is not offered for probate if there are no assets. Also, as indicated by Mr. Slater, if the assets were owned jointly (your father and stepmom), the assets pass outside the estate and probating a will is unnecessary.
Therefore, I think your next course of action is to determine whether your father had any assets that was not owned jointly (for example, real estate).
Mike.
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