Legal Question in Wills and Trusts in New York

Re: Reading of will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

"Reading of the will" is a fiction which takes place only in the movies.

If your mother did not leave a Will, her surviving spouse is entitled to $50,000 plus one-third of the balance. Her children are entitled to share the balance. Jointly owned property is not part of the estate, but passes automatically to the survivor.

If there is a Will, before it can be accepted for probate, heirs at law, (this includes all of the children) must receive a Notice of Probate.

Re: Reading of will

If you have reason to believe that there is a Will in your stepfather's possession, you may petition the Court to order him to produce it.

If the Will has been filed with the Surrogate's Court you may view it there.

Re: Reading of will

I agree with both John and Arnold. There is a short period between date of death and when the Will can be probated, usually a minimum of 10 days. If there were actually a Will, and as direct potential heirs, you should receive a notice from the Surrogate's Office where it was filed. If you do not receive this notice, you can call the Surrogate (County where Mom resided when she died) and inquire if a Will has been submitted and they will give you some details (Executor, attorney for Executor, etc.). They will not tell you the details of the Will over the phone. For a small fee, they can mail you a copy, or you can go to their office and see it. If there are any questions you have the right to contest it, but need grounds more than it was your Mom. Also be aware that a Will acts only on assets that were registered in your Mom's name alone, not jointly registered assets, or assets with a designated beneficiary (like insurance, retirement plans, etc.). Unfortunately, what you may find is typical of second marriages, where a person does leave everything to the new spouse and forgets or ignores children from a prior marriage. If you need more information, contact me directly.