Legal Question in Wills and Trusts in New York
Help Please
Wanted to know where to go to find out if my dad had a will or not, and if not are my sisiter and I entitled to any of his belongings? If yes where and how to go about it. He was married when he passed, but not to our natural mother, she is our stepmother who we dont talk to. She has control of everything he owned and has not said anything except he did not have a will, but we dont know for sure. He was born in NY lived in Florida but passed in PA. Not sure what state would have info. Thanks for any and all help.
*Could you please email me with the answer or to let me know my question has been answered, thanks again.
2 Answers from Attorneys
Fair Share
If there is no will you and sis are entitled, in NY, to 1/3 each of the estate. If there is a will then its whatever the will says. Maybe you should call your stepmom...
Normally wills are filed after death in the county where he resided at time of death. You can also check in the county in New York where he resided to see if a will was filed.
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Re: Help Please
Check with the County Clerk for a will filed in the county where he was a legal resident. Wills are supposed to file within a reasonable time after death. Even if there was no will, there may have been probate of his estate which would also be filed in that county under his name. You could call the clerk's office to ask whether a will or probate was filed after his death.