Legal Question in Wills and Trusts in New York
Probating Will
My mother owns a coop that is only in her name (my father is alive but in a nursing home). There is a Will leaving it to me and my brother. Want to sell the coop but can't probate the Will because my father is the surviving spouse. I'm confused.
2 Answers from Attorneys
Re: Probating Will
Very confusing. Even if your father is incapacitated, this will not prevent the probate of the Will. You and your brother ought to see a lawyer.
Re: Probating Will
I agree with Norman that your question is confusing. Is your mother alive or deceased? A Will can only be probated when the maker has died. If she is deceased, all natural heirs, like your father, must be given notice of the intended probate and authorize it. Until the authorization is received, the Will cannot be probated, so Dad must approve. If you need more information contact me directly.
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