Legal Question in Wills and Trusts in New York

Re: mentioned in will

If you know there is a Will and the named Executor has failed to submit it to probate, you can start a suit in the Surrogate's Court to compel its probate and/or to hold the Executor responsible to give you what you should have received. You provide no information about the estate, its assets, etc., or why the Will was not probated. You might have an uphill battle if you do not have a copy and merely base your claim on verbal information. Also, be aware these suits can be costly and you must balance the projected cost to what you might receive. Also, if what you might receive is based upon some asset having you as joint registration with the decedent, probate of the Will might not be necessary. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Omitted or missing facts might change the reply.

Re: mentioned in will

Petition to court to compel probate of the Will.