Legal Question in Wills and Trusts in New York

I have not received my inheritance

My mother died 17 months ago. My brother holds power of attorney. I was not notified when mother's will was read. I know there were things left to me in mother's will, my brother refuses to give me my interitance.


Asked on 7/13/06, 4:51 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: I have not received my inheritance

If there were actually a Will, it needed to be probated. Call the Surrogate in the County where your mother resided at her date of death. She can give you some information and, for a small fee, can also give you a copy of the probated Will. If she has no information, you may consider hiring an attorney to sue your brother for an accounting of what he did while he held Power of Attorney for your mother. The POA terminated with your mother's death, so if he did anything after her death using the POA, it was improper. Keep in mind that a Will contest can be costly and time consuming, so the value of what you may be entitled to can easily be used up in legal fees. This is a response to an Internet question and the reply is not to be considered legal advice or to create an attorney-client relationship.

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Answered on 7/13/06, 5:49 pm


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