Legal Question in Wills and Trusts in New York

My sibling is the Executor of our mother's will which I have not seen. Our mother passed away a year ago and come to find out, out mother put the house in my sister's name, the Executor. What are my rights in this situation? Do I get half of the house? Do I have a right to see the will? What ever happened to an attorney calling everyone together to read the will?


Asked on 8/01/16, 10:15 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

1. If it is solely in your sister's name, she owns it.

2. You can go to court house to see will.

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Answered on 8/01/16, 10:23 am
Walter LeVine Walter D. LeVine, Esq.

This is a tough question, as it may involve suing your sister for undue influence over your mother. What, if anything, was the motivation for Mom placing the house in your sister's name? You do not automatically get a share of the house just by being a child, and these suits can be expensive and time consuming. You have to be able to prove that something wrong was done by your sister to get Mom to give her the house. Besides going to the Court House where probated, to see the Will, the Executor should have sent you both a notice of probate and a copy of the Will. Finally, readings are rare, except in books and the movies.

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Answered on 8/01/16, 10:49 am


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