Legal Question in Wills and Trusts in New York
How can I obtain a copy of a will that is not in probate. The supposed executor of the will is refusing to discuss the will saying it is not my business. I am technically an heir as my sister was predeceased by her husband with no children and our parents have passed as well.
2 Answers from Attorneys
Send the demand in writing. If the executor ignores the writing, file to be the administrator of the estate since a valid will has not been produced.
Mike.
As a "distributee" of your sister's estate (i.e. a person who shares in the estate in the absence of a valid will), you may bring a proceeding in the Surrogate's Court to compel production of the will. Keep in mind that if the will is deemed valid, and you are not provided for in the will, then you cannot share in the estate.
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