Legal Question in Wills and Trusts in New York

The will must go to probate. Its filing can be compelled.

Lots of questions. Little space to write.

1. The power of attorney is null and void upon the mother-in-law's death.

2. Probate means when the Surrogate's Court accepts the last will and testament of the decedent to be valid. To probate a will, all beneficiaries (your husband) must receive a copy of the will. An executor is not appointed until the will is probated. An individual can not act for an estate until he or she is appointed an executor.

3. You can force an individual to offer a will for probate.

What should you do?

1. First have your husband nicely ask to see the will. If there is no response,

2. Have your husband send a letter nicely asking to see the will. If there is no response,

3. Have your husband send a certified letter asking to see the will. If there is no response,

4. Contact a lawyer to commence the appropriate action to force probate.

Mike.

I agree with the others, and suggest you immediately contact the Surrogate in the County where your MIL resided, to see what has been done to date, if anything. If the Will has not been submitted for probate yet, you need to retain an attorney and compel its probate. Once probated, you are entitled to see a copy. I worry a little about your SIL refusing to disclose any information. It is possible she abused her position of trust when acting a POA and now wants to conceal it. I am not saying this has happened, but if it did you need to act quickly to see if there are assets to recover and this may require litigation to pursue 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.