Legal Question in Wills and Trusts in New York

Re: Father passed away...

I agree with George. You must be more aggressive.

The fact that she asked you to sign over the house indicates that he did not have a will (or the will is not valid). This is because under NY intestacy law, a person that dies without a will with a wife and child, $50,000 + 1/2 of estate to wife, remainder to child. Since the house is in father's name, you have an interest in the house.

Same with the gold coins; you have 1/2 ownership.

I would first demand a copy of the will from the wife. If she does not provide, I would petition the Surrogate's Court to be the administrator of your father's estate. As the administrator, I would commence an action against wife for value of gold coins.

Mike.

Re: Father passed away...

You have to be much more aggressive. Tell her that in 7 days you will have some one come to the home to pick up a copy of the Will; arrange for someone you know in tha area or a messnger service to go to her and record in writing everything of significance she says. She might admit that there was a Will but now she can not find it, or that she rfuses to give it to you, etc. First check on line to see if there is any probate case filed in the jurisdiction where your father's home was. When you get a copy of the Will file it for probate yourself to get the matter moving.

Call her and find out why she will not co-operate.

I will add some advice is a little while.