Legal Question in Wills and Trusts in New York

Request or demand copy of a will

I have reason to believe I may be named as a beneficiary in a will of an individual who passed away in Brooklyn, NY, June 2006. He had told me informally that he was going to inform his lawyer to add me as a benefiary. His lawyer stated I am not mentioned in the will. Is there a legal way to demand to see a copy of the will or to investigate whether this is the FINAL will? Thanks.


Asked on 11/16/06, 11:56 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Request or demand copy of a will

If the Will has been probated, then it is on file in the Surrogate's Court in Brooklyn. You will have the unlimited right to examine the file. Unfortunately, trying to find a later Will is in many cases like trying to find a needle in a haystack. Communication with lawyers with whom the individual had contact may turn up a later Will or Codicil.

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Answered on 11/16/06, 2:28 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Request or demand copy of a will

YOU CAN CONTACT THE SURROGATE'S OFFICE AND, FOR A SMALL FEE, OBTAIN A COPY OF THE WILL, WHICH, ONCE PROBATED, IS A PUBLIC DOCUMENT. IF THE DATE LOOKS SUSPICIOUS, IT MAY BE THAT THE NEWER WILL WAS NOT PROBATED. THERE IS NO WAY TO VERIFY THIS UNLESS YOU WERE GIVEN A COPY OF THE REVISION, WITH SIGNATURES, ETC. I SUSPECT EITHER THE DECEDENT DID NOT GET AROUND TO REVISING THE WILL, OR WAS JUST TELLING YOU SOMETHING THAT WAS NEVER TO BE IMPLEMENTED.

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Answered on 11/16/06, 12:30 pm


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