Legal Question in Wills and Trusts in New York

Re: Finding a Will

If you know who his attorney was, you can ask if there was a will. The attorney is not obligated to give you a copy, but if you learn there was one, you can get an attorney to file a motion in surrogates court so you can get a copy of it.

Re: Finding a Will

IF THERE WAS A WILL THE NAMED EXECUTOR HAS THE DUTY TO OFFER IT FOR PROBATE UNLESS EVERY ASSET HE OWNED WAS REGISTERED JOINTLY WITH SOMEONE OR HAD A DESIGNATED BENEFICIARY NAMED. THIS INCLUDES THINGS LIKE BANK ACCOUNTS, STOCKS OR BROKERAGE ACCOUNTS, LIFE INSURANCE AND PENSIONS, IRS'S AND THE LIKE. THESE REGISTRATIONS/DESIGNATIONS SUPERCEDE WILLS AND DO NOT REQUIRE PROBATE FOR THE RECIPIENT TO BECOME ENTITLED TO THEM. IF HE OWNED A CAR (USUALLY NOT JOINTLY REGISTERED) SOMEONE MUST APPLY TO THE SURROGATE'S COURT FOR AUTHORITY TO DEAL WITH THE OWNERSHIP. SO, FIRST PLACE TO START IS WITH THE SURROGATE'S COURT IN THE COUNTY WHERE HE RSIDED WHEN HE DIED, TO SEE OF ANYTHING HAS TAKEN PLACE (PROBATE OR ADMINISTRATION). IF YOU REALLY THINK THERE WAS A WILL YOU SHOULD ADVERTISE TO SEE IF ANY ATTORNEY MIGHT HAVE ONE. ANY FURTHER QUESTIONS, CONTACT ME DIRECTLY.

Re: Finding a Will

1. Speak to his attorney

2. Speak to his accountant

3. Speak to his friends.

Publish a notice in local newspapers looking for the will.

Re: Finding a Will

Contact your father's attorney. Others to speak to include clergy, friends, trust department at your father's bank. You may also want to check the Surrogate's Court in the County where your father lived. Some attorneys file a will when it is drawn up rather upon decedent's passing.

Good luck.