Legal Question in Wills and Trusts in New York

Is an individual in a Will always contacted or just an add placed in the paper?

Is there a Statute of Limitations in New York for claiming anything left to you in a Will? My Grandfather always told me that I was in his Will and always tried to get me involved with his finances, but I was immature and didn't make the time, as I was too busy traveling back and forth between NY, MA, and VA for personal and business reasons. He advised me that he was leaving me his house and some money. He died on 06/23/2002 at the age of 93 in New York City. The woman he lived with (possibly his wife, but there is no record of it, nor did she share his last name) failed to notify my family of his death. Is it too late for me to claim anything? I was traveling from Virginia every week to see him at the home she placed him, as a result of her forgetting to feed him. He passed during the 1.5 weeks that I couldn't make it up to NY. The home/hostile that he was in told my brother that my grandfather died when he went up to visit. Does NY have a Common Law marriage and does that mean everything is automatically left to her. Approximately two years following his death, I paid the local court to have a search conducted for his Will, but it came back with nothing. Is that the end of it? The house is currently in her (woman) niece's name


Asked on 12/29/07, 1:08 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Is an individual in a Will always contacted or just an add placed in the paper?

If you were actually named, you should have been advised long ago. I suspect you were left nothing and the girlfriend-wife may have taken all assets. First thing I suggest is to contact the Surrogate in the County where your grandfather resided when he died, and to get a copy of his Will (for a small fee they will send you a copy), to see if you nwere named, learn whether there was a Will or other probate proceeding, and who were the estate representatives. You can contact them for details of any inheritance to which you were entitled. If it turns out you were left nothing, you are too late to contest it, as Will contests are limited to being brought within months of the probate. Contact me directly if you need more information.

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Answered on 12/29/07, 1:16 pm


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