Legal Question in Wills and Trusts in New York

mom's estate

after mom's death in 2006, the will became ''missing'' . The will was drawn up February 29, 200. I called the lawyer looking for a copy and was advised the records are purged every 7 years. therefore there is no other copy on file. Of couse this is causing problems with the siblings.


Asked on 1/02/08, 11:50 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: mom's estate

It is difficult to respond, when you do not explain the problems between the siblings. When a Will cannot be found, the decedent is presumed to have died "intestate", which means without a Will. Statutes cover this, and they provide that all siblings are treated equally (assuming Mom was a widow or divorced). All of the children are entitled to be appointed administrators of the estate, although any can renounce the appointment, if they desire, so those nearest can handle things for all. While intestacy may be more costly (administrators need to be bonded to assure proper performance), things can go smoothly anyway. I need more information on what are the "problems" to respond better. You can contact me directly if you want.

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Answered on 1/02/08, 3:17 pm


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