Legal Question in Wills and Trusts in New York

My father recently passed. I was not in direct contact with him for about 6 years. Another person has assumed the role of handling his affairs (will, life insurance). She is not the executor of the will nor is she a blood relative. When I requested to see the documents she refused. How can I legally assume the role of handling my fathers affairs and have her removed from it completely. Thank you


Asked on 6/15/16, 10:10 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

First read the will. Its probate requires it to be filed in the Surrogates Court.

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Answered on 6/15/16, 10:14 am
Walter LeVine Walter D. LeVine, Esq.

If the Will was probated, a copy is available at the Surrogate's office in the County where he resided when he died. If you cannot go, a copy can be sent you for a small fee. As a child, you should have been notified if a probate proceeding was initiated. If none has been filed or any proceeding commenced, and you do not have the Will, it is possible that you might be eligible to be appointed as Administrator of his estate (probate where there is no Will). Check with the Surrogate to see what has been done and what can be done.

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Answered on 6/15/16, 11:04 am


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