Legal Question in Wills and Trusts in New York
No relatives and NY Attorney General
My friend is as Executor to the Will. The deceased has left everything to charity since there are no children or any other relatives.
The clerk at the Surrogate Court said that they would need a statement from the Attorney General's office that there are no relatives before the Will can be probated.
Is this accurate? If so, how is it accomplished? genealogical search?
1 Answer from Attorneys
Re: No relatives and NY Attorney General
Your friend may have heard the Clerk's instructions incorrectly. To probate any will in New York, the Executor must submit to the Court proof of the deceased's family tree (or lack of any surviving family). Where the will has charitable beneficiaries, the Attorney General's office must be served with proper notice.
More importantly, anytime an Executor has charitable residuary beneficiaries, the Executor must account to the Attorney General's office. I strongly suggest that your friend contact an attorney to assist him with the probate.
You may contact my office by email or by phone for a brief consultation on this matter.
Related Questions & Answers
-
Will Why is it necessary to have a bond when probating a will? Asked 10/15/07, 1:28 pm in United States New York Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
