Legal Question in Wills and Trusts in New York

Re: trusts, wills and estates

Q. How can I get a copy of the will?

A. Normally, when the will is probated, a copy of the will is sent to the beneficiary. However, you can also go to the Surrogate's Court and get a copy of the will. Usually the will is probated in the county where the decedent was domiciled prior to death.

Q.How to I know just exactly how much my mother left and how much I am entitled to.

A. Normally, the executor gives an accounting to the beneificary about the money received and distributed. If there are problems with the executor, a beneficiary may petition the Surrogate's Court for an accounting.

Q. Also am I entitled to a copy of the will and financial information.

A. Yes.

Mike.

Re: trusts, wills and estates

I concur with Mike's comments. First place to start is by calling the Surrogate where the Will was probated, who will give you the information on who is the attorney, plus you should have received a Notice of Probate indicating the Will was probated and usually accompanied by a copy of the Will. You can get a copy from the Surrogate for a nominal fee. Executors and trustees are required to account to all beneficiaries and this can be compelled by a petition to the Court if they refuse. This sounds like the start of a potential problem and possible litigation, when you are denied access to required information. You may want to consider retaining your own attorney to assist you if you keep getting stonewalled.