Legal Question in Wills and Trusts in New York

My father passed away last month unexpectedly. My stepmother claims that she is the executor of the will, but she needs to file (some type of paperwork) to prove that she is the executor. This sounds awfully fishy to my sisters and I. We live in VA and dad lived in NY. Should we be concerned that she might, in fact, not be the executor and is attempting to have the will changed? I trully appreciate your response.


Asked on 9/28/10, 6:06 am

1 Answer from Attorneys
Paul Ciminelli Ciminelli & Ciminelli Attorneys & Counselors at Law

I am very sorry for your loss. If your father had a will and named your step-mother as executrix, she will have to file paperwork (original of will, other documents) to the Surrogate Court to officially be appointed executrix. If your father died intestate (without a valid will), then there is a completely different procedure required to have someone appointed executor/executrix to dispose of property according to the laws of NY. If you have any further questions, feel free to contact me at my office.

Read more
Answered on 10/03/10, 7:42 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York