Legal Question in Wills and Trusts in New York

My grandmother died a few months ago, her husband died 20 years ago, her son died 10 years ago, my mother is the only living child left.
She told my mother she had a will and was leaving everything to the church yet she never showed any paperwork, after she passed my mother did not find a will in her house.
She contacted her lawyer and the lawyer seems to never be in the office and will not return any of her calls. It has been 3 months. She hired a lawyer to request the information from the other lawyer, but also they do not get a response to letters from my grandmothers lawyer.
No one has entered the house since the passing except my mother who has the key. We assumed my grandmother was very wealthy. How can we find out if there was a will ? if not will my mother get everything ? how should she procceed ?

Asked on 10/18/12, 9:21 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

0 users found helpful

0 attorneys agreed

Check with the Surrogate's office in the County where grandmother resided when she died. If there is no Will, your mother should apply for administration of the estate. If grandma has died intestate (without a Will) there is a statute which details who inherits. If your uncle had children, they may be entitled to some share of the intestate estate and the statute covers this. If a Will has been filed with the Surrogae, your mother should have been notified of its probate and, if she was disinherited, she may have claims for a share of the estate. Her attorney should be aware of these matters. This is a response to an Internet question and is provided for informational purposes only, and the reply is not intended to be legal advice or as creating an attorney-client relationship. Different or missing facts could change the response.

Answered on 10/18/12, 9:32 am

Mark as helpful