Legal Question in Wills and Trusts in New York

My wife's father died just after xmas, his wife to this day has not mentioned anything about the reading of the will. We know he has one, what is the time table for reading of a will? Some of the family has some concerns and are just wondering what the process is.. Thank you for your time...


Asked on 3/13/10, 3:54 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

The concept of reading a Will is old, and is rarely done today. The procedure is to probate a Will and advise all possible heirs of the probate, usually accompanied by a copy of the Will. It should have been submitted by now. The are several possible reasons why the Will has not been probated, including that there are no probate assets (everything was in joint names or was POD or had named beneficiaries like insurance or retirement plans), or the wife is possibly hiuding something. Check with the Surrogate's office in the County where her father died, to see if anything has been done. If the Will has been submitted for probate but it is possible nothing has been sent out, you can get a copy for a nominal fee. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 3/18/10, 8:55 pm


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