Legal Question in Wills and Trusts in New York

inheritance

Hi, and thanx in advance for your time.

My mom passed away almost 6 years ago. At the time, I didn't want anything from her, so she made my brother Executor of the will/estate .

My brother had offered me my share, but with certain stipulations.

Since about 2 years ago, communication with my brother has ceased; I have never seen a copy of the will.

Now, finding that my very survival may depend on that money, I'd like to know my rights, and my brother's legal obligations:

*IF the money was specified to be divided equally between us (it was allegedly placed in two separate, but similar accounts), would he be under any OBLIGATION to being the process of ''handing it over'' as per my tentative request (plus or minus any market fluctuation of the investments)? Or, as Executor, can he do whatever the heck he wants with it?

I will try to reason with him first...but would like to be aware of my options going in (i.e., I'll be emailing him very soon).

Thank you; please response at your earliest convenience.

--name removed--

BTW...she lived/died in NY; my brother resides in NJ; I, in MA


Asked on 4/19/07, 2:07 pm

1 Answer from Attorneys
Alexandra Golden Golden Law Center

Re: inheritance

The will would have been probated in New York, so you need to go to the Surrogate's Court (that's the New York term) for the community in which she resided and get a copy of the will. The Court might mail you the will and the other documents which have been filed in the case for a small fee.

Read everything through carefully and then consult a New York attorney who handles probate issues to discuss the matter further.

Read more
Answered on 4/19/07, 2:16 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York