Legal Question in Wills and Trusts in New York

Re: my mother's estate

If the Will has been probated and you were named in it, you should have been sent a Notice of Probate which would include a copy of the Will and other information (executor, Attorney, etc.). If not, you can get the information by calling the Surrogate and getting the information.

Re: my mother's estate

If your brother has been appointed as the Personal Representative (executor) of the Estate, then he has a fiduciary duty to gather up the assets of the deceased, pay the bills, debts and taxes, and then distribute the assets and property according to the Will or according to State Law. It is the duty of the PR, to file an inventory of the assets in the estate with the court. You should contact your brother, find out if he has been appointed, if he/the estate is represented by counsel, and then demand copies of everything filed with the probate court and notice of all action in the case as it occurs. You may retain counsel to represent your interests.

Re: my mother's estate

Before any one is appointed as Executor, you and any other heirs must receive a notice of probate.

If you have not received either a citation or a request for a waiver, probate has not been applied for.

I suggest you contact your brother and inform him that you want to know the status of the estate. If you are dissatisfied with his response, you may wish to apply to have him disqualified as the Executor. That would require a local attorney.

Re: my mother's estate

Dear sir or madam:

The executor is in charge of the estate and probate process, not your mother's lawyer. You should contact your brother (or his attorney) to find out the status of the estate.

Sincerely,

Anthony S. Park