Legal Question in Wills and Trusts in New York

Re: do we have to go to probate, we have a will?

Assuming that the property you speak of is in your mother's name alone (not in joint name with you and your sister), you would have to probate the will.

However, to probate the will in a small family where all parties are in consent is not a traumatic experience. It is not that difficult and is not that expensive. If you want, you may telephone my office and we will explain the steps involved and the cost. We have a lot of experience with the Queens County Surrogate's Court.

Mike.

Re: do we have to go to probate, we have a will?

I totally agree with Mike that this is an easy experience, and may be required. Presuming the assets you describe are solely in your mother's name, someone must be appointed to act on behalf of the estate, to sign withdrawal documents if there are bank or brokerage accounts, sign a new Deed, file any tax returns (income or death taxes), etc. These are functions of the executor and you need the official appointment by the Surrogate and the issuance of a document evidencing your appointment to show when and if needed. You may not need an attorney to assist in the probate, but will probably need one to assist in tax return preparation, the nuances required to close the Estate with the Surrogate, prepare and file the Deed, etc. Best is to use someone local, like Mike, who is experienced in these matters. Contact me directly if yoiu have any other questions.