Legal Question in Wills and Trusts in New York
What are the laws re: probate in the state of New York?
My mother died almost two years ago, and we can not receive a call back from her lawyer. We call on a weekly basis and have had no contact. Her will was not contested but yet nothing has been resolved. We would really like to get her personal possessions from her ''boyfriend''. Not to mention that every month fees are increasing. I would like to find out where to go from here. Thank you!
3 Answers from Attorneys
Re: What are the laws re: probate in the state of New York?
Who was appointed executor of the will, was it probated and who has the original? These need to be answered and dealt with immedately. If there has been no filings and you do not have the will you should file a petition requesting to be the administrator of the estate so you can get the items and settle the estate.
Contact a competant lawyer immediately!
Re: What are the laws re: probate in the state of New York?
Technically, her relationship with "her lawyer" ended at her death. Some family member needs to file the will, if that has not already been done, and be appointed executor/executrix, if that also has not been done. The executor/trix can supboena records and demand an accounting from the attorney.
Re: What are the laws re: probate in the state of New York?
It is not clear from your question how the attorney is involved. Is s/he the attorney for the executor? If so, you may wish to contact the executor and pose your questions to her/him.
If the Will has not been probated, the named executor must do so. The executor should retain a New York attorney to probate the Will in NY if your mother was a resident here at the time of her passing. As long as no one contests the Will, and there are no other unexpected issues, the process of having the Will declared valid should take a matter of weeks.
If you need a New York attorney, please feel free to contact me.
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