Legal Question in Wills and Trusts in New York

Re: step father takes everything

1. If the father received testamentary letters, the will is filed and you have the right to go to Surrogate's Court to see the will.

2. If the father was appointed executor, he must file an accounting with the Surrogate's Court. You have the right to review the executor's accounting.

3. Finally, if the executor failed to act as a proper fiduciary, you have the right to commence an action against the executor. This action would be commenced in the Surrogate's Court.

Mike.

Re: step father takes everything

Mother's Will is available at the Court where it was probated. The clerks will help you get a copy.

Stepfather's Will is his business and can be changed and need not be disclosed until he dies.

Sale of house by step father may have been improper; get a lawyer to take a look. Mother's Will is extremely important regarding this issue.

Re: step father takes everything

If mom left a will then the will is on file in the local Surrogates Court. If step dad did not probate mom's will, then you may have an action against step dad.

If mom did not have will, the spouse will get a portion of the estate (about 1/3) and the children the remainder.

Daniel Clement