Legal Question in Wills and Trusts in New York

Re: Need help settleing my fathers will

Assuming there is a will, but it was not probated, you can compel production of the will.

Re: Need help settleing my fathers will

If there is a Will and it is being probated, it will be in the Surrogate's Court in the County where he resided upon his death.

However, it is entirely possible that he set up a living trust and there would be no public record of that.

What did he tell you while he was alive?

Re: Need help settleing my fathers will

If you have not already done so send a letter to the widow specifically asking if your father left a will and if so request that she provide you with a copy of it within a reasonable timeframe. Ensure that you can prove the letter was received by her ,ie. send by fedex courier ( or similar) and require that she sign for it. If you do not hear anything or if you do not receive a copy of the will I suggest you hire a probate lawyer in the jurisdiction where your father live and presumably died. To find a lawyer you can trust to do the work you need ( it is not easy to track down this information if someone decides they are going to withhold it) contact the American College of Estates and Trusts Counsel. They have lists of probate counsel you can count on to help you. Make sure you keep the original records you have regarding the letter of request for information and the will and all the proof of delivery and receipt. Your lawyer will want that information if you do not receive the expected or desired response.

Re: Need help settleing my fathers will

Wills are open to the public. Call/go to the Surrogate court in the county where your Dad lived. (Hire someone to do this if you are out of state) Are you sure he had a will? Do you know who he named as Executor? Contact him/her.

If he died without a will, you may be entitled to a portion of his Estate that he owned in his name alone. (Ex. house may have been in both his and wife's name..so you would have no claim.) BUT, he may have owned stocks/bank act/business, etc. in his own name. Good Luck.

Debra

Re: Need help settleing my fathers will

Call the Surrogate's office for the County in which he was residing when he died to see if a Will was probated. If so, you can go there and see it, or for a small fee they will send you a copy.

Re: Need help settleing my fathers will

My condolences to you on the loss of your father. I hope this is just a mis-understanding or poor communications because fighting about money on the passing of a father is never a life-affirming thing.

On the legal issues you presented, the will is a public document and available to you from the court if it has been submited (probated) to the court. In addition, as an heir you have a right to a copy of the will and updates regarding the status of the estate from the executor and the surviving wife. Mailing the request for this information with a return receipt (certified) is an "official" way of doing this.

If you are still uncomfortable with how things are being handled, then it is time to consult an attorney. You are welcome to a consultation at no fee at my offices at 42 West 44th St. Please call for an appointment first (646) 591-5786.