Legal Question in Wills and Trusts in New York
Mom died, step dad uncooperative
Our basic problem is this: Mother died April 2003. 2nd husband with 2 grown children. Decendant had 2 children (including me). Left will but step father will not show it to us. Claims ''we have no legal rights to see it''. It has not been probated yet (checked with court). One step child has seen will. stated to us (2 surviving children) that there were 4 bequests, and remainder ''went to my dad''. I was NOT one of the people mentioned in will. One sister, two step grand children, and a niece were mentioned. I had been told that I would receive ''the dining room and its contents'' by my mother a couple of years ago. When i mentioned this, the step sister who saw will said oh yeah, it may have said that too. This has me very concerned. What should we do? Hire a lawyer? We do not know what lawyer drew up this will and when we asked, we were not told. In fact, we were told ''it is none of your business''. There is considerable property, cash, IRA accounts and other monetary influences involved. Please help. Thank you
6 Answers from Attorneys
Re: Mom died, step dad uncooperative
Since there is delay in the probate, I would suggest retaining a local attorney for you and your sibling and have him demand production and probate. Your step-dad may be avoiding the probate to see if he will do better by intestacy (no Will being probated). I suspect this may be the case, and if so, will be important to you to have local representation. If you are named you are entitled to be given a copy of the Will as probated.
Re: Mom died, step dad uncooperative
I am sorry to hear that this is not going well. Losing a loved one is always difficult and this type of thing only makes it worse.
I am sorry, but you need to get a lawyer now. A demand must be made to have the will produced and probated. In addition, there are in some states laws that require children to participate in the estate of a parent.
You clearly have rights. Please don't let your grief and desire to 'get along' paralyze you too much. You will regret the loss of your mother's things later when you have time to reflect on this. You talk of the dining room set and cash assts. Are there heirlooms you would regret falling out of your family?
You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.
Re: Mom died, step dad uncooperative
Retain an attorney who practices in the county where your mother resided at her death.
Re: Mom died, step dad uncooperative
I really think you need a lawyer.
One thing you might do, if you can, check on the beneficiary provisions of the IRA s and the bank accounts.
If there is a Will, you can ask the Probate Court to order the person who has it to start the Probate proceeding, which is open to the public.
Re: Mom died, step dad uncooperative
You should retain an attorney who concentrates in estate litigation in NY. A restraining order and proceeding to file the will is in order.
Re: Mom died, step dad uncooperative
Anyone can probate a will. Retain counsel in the state where your mother died.
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