Legal Question in Wills and Trusts in New York
My mother passed away in September and left a Will. My sister has the Will and is not letting any of the siblings near it. I believe she is the executor . My sister was on a bank account with my mother in case anything would happen to her. My sister does not have a pot to puke in nor a window to throw it out of. What legal action do the siblings have.
2 Answers from Attorneys
Demand that she produce the will to you or at the least file it in court. Also inform her, if she does neither in the next 20 days, you will assume your mother died intestate (without a will), and will move forward in court to become executor and distribute her assets as such. If your mother has a will, she will produce it.
Otherwise, if she doesn't produce the will, consult with local counsel to file the appropriate paperwork to move forward as the executor to the intestate estate.
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I agree with Paula, particulalrly since any child can petition to be Administrator of an intestate estate (one where a person dies without having a valid Will). This should light a fire under your sister to probate the Will. Additionally, while the law states, traditionally, that any account in joint names goes to the surviving joint owner, it is not absolute. An "accomodation" account (one that has a second name on it solely for the convenience of the original account owner - used usually so someone can sign checks if the original owner cannot) may be considered as part of the general assets of the deceased, and, if found to be so, is split amoung all heirs. This may take litigation to determine, and anticipate resistance from your sister by her saying your mother wanted her to have any balance in the account.
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