Legal Question in Wills and Trusts in New York

Re: payday

If the person who told you has no further information, I suggest contacting the Surrogate again. Explain the situation. If there is no information you may need to contact an attorney, file a complaint against your aunt (she appears to be the closest living relative so is eligible to be appointed) compelling her to produce the Will and/or account for the estate as the closest next of kin. Keep in mind several matters. The Probate Court only has authority over assets in your grandfather's name individually, not assets that have joint registrations or designated beneficiaries, such as life insurance, POD accounts and retirement plans. Also, if no Will is available for probate, the closest living heir will take by intestacy (inheritance where there is no Will). You may be eligible to inherit by intestacy as the surviving heir of your mother (another child of your grandfather) depending upon the order of death of her and your grandfather. All of this should be discussed with the Surrogate when you consider filing suit against your aunt.