Legal Question in Wills and Trusts in New York
My mother recently passed away. My sister has the Original Will and until now will not give it to me and I am the executor of the Will. She took it from my mother's house. My questions is Can my sister take the Original Will and have the Will probated or does this have to be done by me, the executor of the Will? The Will stated that the house be sold and that the money be divided between all siblings. Who is responsible for selling the house? Is it the executor or can any sibling go ahead and sell the house?
Thank you for your help.
]P.T. from New York
3 Answers from Attorneys
While she can petition for probate, you will be appointed. Only the executor has power to probate the estate.
You can bring an action in Surrogate's Court to compel production of the will. If she produces the will and turns it over, you can apply for probhate and to be appointed Executor.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
Since you are the named executor, she cannot have the will admitted to probate without you. I suggest that you retain the services of an attorney to protect your interests and your mother's wishes.
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