Legal Question in Wills and Trusts in New York

My grandmother died. They live in Long Island,New York. My sister said she didn't leave me anything. I wrote to the county clerk and she has not filed the will yet. It has been two months. She picked a fight with me the day after the funeral and will not speak to me. I believe she is hiding something. How can I get a copy of the will? Can a lawyer write to her and demand a copy if she is correct and I am not in the will (although I don't believe it, my grandmother and I had a good relationship). I live in New Jersey and will probably also need help in finding an attorney in Nassau County.


Asked on 1/22/11, 3:49 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You may do the following:

1. Retain an attorney to demand that the sister either produces the will or acknowledges that there is no will, and/or

2. File a petition with Surrogate's Court under Article 21 (Miscellaneous Proceedings) for an Order directing the sister to supply information concerning the affairs of the estate.

Feel free to contact my office.

Mike.

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Answered on 1/27/11, 7:48 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mike, and there may be more to this that may require you to retain your own attorney. As a natural heir you are entitled to see a copy of the Will. Actually, a Will is a public document and anyone can see it or get a copy (small fee) by contacting the Surrogate's Office in the County where grandma lived when she died. If other granschildren were named, and you were not, you may have claims that can be presented. If no Will has been filed, there may not be one and application for administration (probate where there is no Will) can be initiated, in which case you may have an interest in the estate. Also, joint accounts do not pass by probate or a Will. If someone was named on an account with grandma, they may get it without a probate. If someone had a Power of Attorney they might have acted improperly. Lots of unanswered questions and your own attorney may be the best to do now. This is a response to an Internet question and the reply is not intended to be leag advice or as creating an attorney-client relationship.

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Answered on 1/28/11, 10:03 am


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