Legal Question in Wills and Trusts in New York

Father passed away, will disappeared

Father passed away on 23 Nov. 2001. I was told that younger sister had POA, but never have seen any proof of this. Younger sister claimed she is executor of estate. Now Father's will has disappeared. Estate was never taken into Surrogate Court. Can sister be forced to file with Court. Looking for advice, Please.


Asked on 1/16/02, 8:34 am

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Father passed away, will disappeared

First, the power of attorney lapsed when your fther died.

You sister can be compelled to deliver the will to court. If you know the name of the your father's attorney, you may be able to obtain details of the will.

Let me know if I can be of help.

Daniel Clement

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Answered on 1/16/02, 12:05 pm
Norman Nadel Norman Nadel, Esq.

Re: Father passed away, will disappeared

Absolutely!!

Any one who has possession of a Will of a deceased person can be ordered to deliver it to the Surrogate.

Incidentally, the power of attorney terminated at you father's death.

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Answered on 1/16/02, 8:48 am


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