Legal Question in Wills and Trusts in New York

Re: legal right to view deceased parent will

In New York a will does not need to be filed. Therefore, I would first contact the family lawyer. I would also contact your father's friends, your aunts, uncles, cousins, etc. to determine if he ever drafted a will.

If after due diligence you determine that he never had a will, your father is deemed to have died intestate - without a will. Under NY EPTL 4.1-1, the property of decedent not disposed by will shall be distributed fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the children by representation.

Mike.

Re: legal right to view deceased parent will

Getting your hands on a will which is in the possession of a stepmother has historically been an overwhelmingly difficult task. You might ask your father's lawyer if a will was prepared and who is the custodian of the will. Another route is to speak with a clerk at the surrogate's court. In the absence of the will (intestate) you, and your siblings if any, are entitled to roughly one half of your father's individually assets.