Legal Question in Wills and Trusts in New York
Probate...Co-Exeutor
I was listed as a Co-executor on my Father's Will. I was unaware of the will's exsistence. My sister was also listed as a Co-executor...she and her husband WERE aware of the Will.
In his will he left his house to my sister and her children, without any mention of my two brothers.
Later, I learned my sister and my brother-in-law, helped my father up two stories to the lawyers office, were the will was written.
I have a gutt feeling my brother-in-kept his mouth shut in the law office and the lawyer assumed he was me.
1-Should the lawyer have varified my brother-in-laws ID?
2- As a co-executor to the my father's will, should I been notified to the its exsistence?
3-The will never has not gone to probate, DOES IT HAVE TO?
The lawyer and my father passed away a few years ago.
Thank You
1 Answer from Attorneys
Re: Probate...Co-Exeutor
The Will would only be submitted for Probate if your father left assets solely in his name (without beneficiary designation) at his death. You cannot claim those assets without Probate documents (Letters Testamentary).
1) Lawyers do not usually ask for identification from fiduciaries or family members accompanying their clients during a Will signing;
2) Executors are not notified of their appointment as fiduciary until the Testator (person signing the Will) has died and the Will is submitted to probate. If your brother-in-law submitted the Will for Probate as Co-Executor, you would have a fraud cliam against him (and there is an oath that must be notarized with the Probate application). If your sister submitted it as Co-Executor, the rules state that you must be notified and either join in the application or renounce your appointment.
3. The Will doe not need to be submitted to Probate unless you are trying to claim assets.
If you should have any further questions, you may contact me directly for a complimentary consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
