Legal Question in Wills and Trusts in New York
Sister Refuses to Probate Will
My mother's aunt died about 13 years ago. She had no children but had 7 nieces and nephews. My mother has said that she does not know if a will existed. She also said that her sister, who was named executor, has refused to finalize the division of the assets and would not disclose any information to her. Since my aunt's and my mother's mother died, there seems to have been bad blood between them. Now it appears that my aunt is hiding information from my mother. My mother's attempt to get information from the attorney handling the estate has gone without hope. Thirteen years seem to be a long time to settle an estate. How can we find out if a will existed, and what steps can we take finalize the estate?
2 Answers from Attorneys
Re: Sister Refuses to Probate Will
Retain an attorney in the county where your mother's aunt died, and that attorney can bring a motion to "compel production" of the will. Good luck.
Re: Sister Refuses to Probate Will
If death occurred in New York then the Will should have been probated in the county in which your mother's aunt died. Check with the Surrogate's Court in that County and the clerks will help you through the process.
If there is an executor (or administrator if there was no Will) the Surrogate can force that both disclosure of information be made and that action be taken to wind up the estate.
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