Legal Question in Wills and Trusts in New York

payday

I have been told that i and my two children were left inheritences from my deceased grandfather. It has been over a year since his death and still nothing is on file in the probate court. My aunt is is the person in contact with the lawyer handling the case but she is with-holding information and will not give me the name or number to the lawyer. What can i do to persue this matter, and is it possible for me to just receive money without first hearing from a lawyer or a probate court?


Asked on 12/29/05, 6:54 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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.

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Answered on 12/30/05, 10:38 am


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