Legal Question in Wills and Trusts in New York
What do I do next?
I let my neighbor buy a piece of my property to put a mobile home on. Before she died she showed me her will which stated the land would be returned to me after her death. The rest was to be sold and divided among her 6 adult children.It has been 6 months and no-one in the family has gone to a lawyer to start probate. There was an executor named, he declined and another sibling took over. All the belongings are gone, and now one of the siblings has moved into the home. How do I get to the next step. The siblings know of the will.It appears that the only asset left is the mobile home which is declining rapidly.
3 Answers from Attorneys
Re: What do I do next?
Retain a lawyer, and have him/her file a motion to "compel production of the will." This will get the matter into court, and start the process. If the will does leave the property to you, you will be able to "eject" (evict) the people from the area. Good luck.
Re: What do I do next?
You will have to commmence an action to compel production of the will, after which the will will be probated ("proved"). After title is conveyed to you, you will be able to remove anyone from possession.
Daniel Clement
Re: What do I do next?
First, check with the county's surrogate court (the county here the decedent lived as an adult). The will may have been filed by the attorney who drew it up. If so filed, the will would be a public record and you can get a copy and proceed from there.
If the will has not been filed with the court, you should retain an attorney in order to compel the decedent's family to produce the will.
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