Legal Question in Wills and Trusts in New York
How do I find out if I was included in the Will of a deceased former boss?
My old boss, an attorney, Allen M. Fischer, had me type a rough draft of his will. He was ill and was closing his practice. I had worked with him for many years, and in it, he put in that--name removed--Raspa (maiden name), would receive money for all the years of dedicated service. Then he said he would do an addendum because he didn't want me to get a swelled head over the amount per year that I would receive. I found out he died last year, and left numerous calls to his son's home to actually offer my condolensences, with no response. The Will was only a draft, but I wonder if he did indeed include me in it when it was finalized. He had included all his wishes for his children, etc. How can I find out, other than asking his son straight out, and having him tell me no, when in fact, he may have included me.
Thank you.
4 Answers from Attorneys
Re: How do I find out if I was included in the Will of a deceased former boss?
If the will has been submitted for probate, it would be on file at Surrogate's Court in the county in which he resided when he died. Out-of-state, these courts are often called Probate Court. In that case, the will is a public document, and you could go to court and read it -- even copy it. If the family has been resisting disclosure to you of a bequest, you probably need an attorney to help you recover your bequest. If the will has not been submitted for probate, any interested party can start a proceeding. Once the court process is started, the interested party has a right to find the will and bring it to court. Again, this process is quite complex and you would need a lawyer to successfully prosecute this matter. I suggest you call our office for a consultation (no cost), at (212) 387-7787
Re: How do I find out if I was included in the Will of a deceased former boss?
I concur with Peter. Check the Surrogate's Court in the County where the decedent resided at his date of death. You can see it at this office and, for a small fee, get or make a copy. If you are named, you should have received what is called a Notice of Probate, informing you that the Will was submitted to probate and the name of the Executor and the attorney for the estate. If you did not receive this, either you were not named in the Will that was probated or someone failed to notify you. If you are mentioned and have not received the Notice, I suggest retaining an attorney to protect your rights in the estate.
Re: How do I find out if I was included in the Will of a deceased former boss?
You do not specify if the Will was drawn in NY or NM. If NM, the Probate Court in the County in which the decedent lived at the time of his death will have the Will - if it was filed for Probate. The Clerk of Court can look it up by the decedent's name; go in person or call.
Re: How do I find out if I was included in the Will of a deceased former boss?
Was he a NM attorney? If so, I'd be glad to help you, but you first need to call me. 505/888-4409. I've practiced here for almost 30 years, including lots of probates.
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