Legal Question in Wills and Trusts in New York
Grandmother dies leaving minor grandchild real estate property in will
9 years ago my mother in law passed away leaving my eldest son an apartment building in her will. At the time he was 10 years old. His father(my ex-husband) was supposed to take care of it until my son was of age. Recently, my ex told my son that the building was left to him by his grandmother but he didn't feel that he was ready to handle such a responsibility. 2 months ago my ex tells my son that the building did not belong to him but belongs to my ex husband and he plans to sell it. (My ex and my son use the same name,no sr. or jr.) My mother in law had always told me that she was leaving this property to my son but i have never seen this will,(my ex kept me away from all documentation concerning my mother in laws assets)nor do i have any info on the attorney that handled this estate. how can i find out the actual wills contents(kings county) and what can i do if somehow my ex has robbed my son of his inheritence?
3 Answers from Attorneys
Re: Grandmother dies leaving minor grandchild real estate property in will
A copy of the Will is available at the office of the Surrogate or Probate Court in the county where your mother-in-law died. This can be viewed there or a copy obtained for a nominal fee. This will verify the position. Further, since your son was a minor, the Court had to approve you "x" as the guardian of the property of the minor heir. The Will provisions control how, under what circumstances, age, etc. of when the minor's property is to be turned over. Your "x" has little discretion in what to do, unless the Will gives this to him. Hopefully the Will has specified the relationship, not just the name, of the person to receive the property and certainly the court's appointment of your husband as guardian for your son specified this. Go to the Kings County Surrogate's Office, give them the name, residence and date of death of your mother-in-law and they will tell you how and where you can see the Will. I suggest getting a photocopy as you will need this if any improper activity has taken place. You can sue your "x" (suit will actually be done by your son, to enforce the provisions of the Will and also to have your "x" account for the handling of the property all these years. Best is to get a local estate attorney to assist you.
Re: Grandmother dies leaving minor grandchild real estate property in will
A Will is a matter of public record. A copy can be obtained from the Surrogate's Court. Call the probate clerk and you will get help.
If your son is in fact the beneficiary and your ex is holding out, then you can have the Court order your ex to deliver to your son what he is entitled to.
Get the Will first, and then you can proceed.
Re: Grandmother dies leaving minor grandchild real estate property in will
As Messers. Nabel & LeVine indicated, get a copy of the will and then contact the Kings County Bar Association and ask for the name of an attorney who concentrates in probating estates.
Good luck.
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