Legal Question in Wills and Trusts in New York
My Mother passed away in NY State this week. Her companion is the sole executor, and he is delaying showing us the will. Is there a deadline for a reading of the will, or some other way to present it to her children? Right now we are in the dark on its contents.
We asked for a copy of the will, but he said the lawyer who drafted it is traveling in California and he wants to wait (2) weeks till they return.
2 Answers from Attorneys
There is no per se deadline. Usually, the time is based on what is reasonable under the circumstances. However, if you believe that there is an unreasonable delay, you may serve written demand and then file a Miscellaneous Proceeding under NY Surrogate's Court Procedure Act (Article 21 - section 2102), directing the executor to supply information concerning the assets or affairs of the estate.
Mike.
There is no reading of the will. What will happen is that the executor will file the will with the court and commence a probate proceeding. He will then have to serve you with a citation and a copy of the will. However, once the will is filed with the court it becomes public record and you have the right to examine it there.
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