Legal Question in Wills and Trusts in New York

Re: what was left behind

You have a legal right to know the contents of your father's will. Check with the Surrogates Court in the county in which your father was living when he passed away. If you need an attorney, you may contact me for a referral in your area.

Good luck!

Re: what was left behind

If the Will was probated, a copy can be seen at the Surrogate's Office in the County where your father died. A copy can be obtained for a small fee. Be aware that a Will usually does not list assets, but just states how the assets are to be handled and to whom and how they will go. Be aware also that assets registered in joint names with right of survivorship, like bank and brokerage accounts, and assets that have a designated beneficiary, like retirement plans and life insurance, are not subject to the terms of the Will and are separately handled by the registration/beneficiary designation. Also, there are bstate laws that allow a spouse an automatic share of of one's estate in the event there is an attempt at disinheritance. The Executor under the Will must notify everyone of its probate and must, eventually, account for all assets covered by the Will. Litigation may be necessary if you have not been notified, or if there are questions on how the estate is handled. Contact me directly if you have any questions, after you see what has been filed with the Surrogate.

Re: what was left behind

The Will is supposed to be submitted to the Surrogates court for approval and therefore should be public record.