Legal Question in Wills and Trusts in New York

Re: Is it possible for someone to 'hide' a will by filing it in an unlikely loca

PRESUMING THERE WAS A WILL, IT WOULD BE FILED FOR PROBATE IN THE COUNTY OF RESIDENCE AT THE DATE OF DEATH. THIS WOULD APPLY WHEREVER THE WILL WAS DRAWN. TO BE RECOGNIZED FOR PROPERTY LOCATED IN A STATE OTHER THAN THE STATE OF RESIDENCE AT TIME OF DEATH, ANCILLARY PROBATE WOULD BE REQUIRED. THIS MEANS THAT THE WILL PROBATED, FOR EXAMPLE, IN MA WOULD ALSO HAVE TO BE PROBATED IN NY AND CT (COUNTY WHERE PROPERTY IS LOCATED). IF THERE IS NO RECORD TO DATE, MAKE SEVERAL PRESUMPTIONS: (1)THERE WAS NO WILL AND AN ADMINISTRATION WOULD BE REQUIRED, WITH THE CLOSEST LIVING RELATIVE ELIGIBLE FOR APPOINTMENT. PERHAPS THERE WAS NO FAMILY SO NO ONE HAS COME FORWARD. (2) IF THE OTHER ASSETS WERE JOINTLY OWNED OR CARRIED A NAMED BENEFICIARY (LIKE AN INSURANCE POLICY OR AN IRA OR RETIREMENT PLAN) NO PROBATE IS NECESSARY TO CLAIM THE ASSET OR PROCEEDS, THE DESIGNATION PASSES OWNERSHIP. (3) POSSIBLE HEIRS DO NOT KNOW THE LAW AND HAVE DONE NOTHING TO DATE (NO PROBATE OR APPLICATION FOR ADMINISTRATION). SINCE YOU ARE A REPORTER, I SUGGEST YOU PLACE AN AD IN WIDE JURISDICTION PAPERS (IN MA, CT AND NY) ASKING FOR INFORMATION ON A WILL OF THE DECEDENT. IF YOU ARE A RELATIVE, AND KNOW THE FAMILY TREE, I SUGGEST YOU TRY TO GET THE NEXT OF KIN INVOLVED. NEED MORE INFORMATION OR HAVE ANY QUESTIONS, CONTACT ME DIRECTLY.

Re: Is it possible for someone to 'hide' a will by filing it in an unlikely loca

Another possibility is the decedent had a Living Trust. Insuch an event, no probate would be required. A tip-off would be that the property would be held by the Trustee, as "John Smith as Trustee of the John Smith Trust, under agreement dated (the date the trust was esablished)"