Legal Question in Wills and Trusts in New York
My father passed away recently and I assume my mother is the exectuor of the will. I've never seen the will, but earlier this year my father said he was going to change his will to leave a sum of money to me instead of all of it to my mother. He said he didn't want to tell her about it and I certainly didn't. But if this would upset her now and she doesn't want me to have any money bec she feels he didn't leave her enough, does she have the ability as executor to keep the money from me? If I were in the will would she be required to tell me and when? It has only been 3 weeks and so of course I don't want bring up a subject like money during this awful time of grieving, but having been unemployed for a while this year and now working but not earning much, I honestly could really use any amount of money left to me and was really hoping there's not a way that she can prevent me from having it. Is there a way for me to find out w/o asking her, like a way to see a copy of the will w/o telling her so I can at least know if I'm in it or not and then if I am what can I do legally to make sure I get the inheritance and how many months/years does it take/what do I have to do?
1 Answer from Attorneys
You've asked a whole bunch of questions there. Let me start at the beginning. Here in NY, a will can be expected to be submitted to probate in the county in which the person resided at the time he or she passed away. Thus, if your father was living in, say, Brooklyn at the time he passed away, that would be the county in which the probate proceeding would be expected to be filed.
Court filings are public records, so it can be ascertained easily enough what the will says, so long as it was filed with the court.
You clearly do not feel comfortable bringing up the issue with your mother. And that is understandable. You should be aware, in any event, that when a person says that he or she is going to change his or her will, it sometimes happens and sometimes doesn't.
If she is executrix of the estate, she cannot lawfully deny you your bequest. But, strange things happen from time to time. Thus, the best bet is to quietly monitor the situation. After the probate process begins, she would be required to either send you a document called a "waiver and consent" or serve you with a document that is called a "citation." If you don't sign the former, then you would be served with the latter. It would direct you to appear in court at a particular time and date. If you would not appear, then the will can be expected to be admitted to probate. It's never a bad idea to appear on the return date of a citation, and, in any event, you can appear by an attorney.
How long the probate process takes is a function of several factors, such as the nature and extent of the assets, what provisions are actually in the will, how quickly the executor chooses to act, and how many family members must be notified and whether they can be easily located. If you are your father's only child, this should not be much of an issue.
You may feel free, if you'd like, to contact me for more guidance concerning this. 212 791-6240.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
