Legal Question in Wills and Trusts in New York

Re: Right to see a will

You are only entitled to be given a copy of the Will if you are named in it. However, a Will is a public document, so you can go to the Surrogate's Office and ask to see a copy. If you have any questions call me (973)-377-3313

Walter

Re: Right to see a will

If the will is to be legally executed it will probably be filed with the probate court, where you may view it. If the will is being suppressed by a relative, you have a few options: you can file a petition to be named the administrator of your father's estate (which will cause someone to come forward with the will) or you can ask a judge to order the production of the will. Since it sounds like the parties are being adversarial, you may be best served by hiring an attorney to protect your rights and your late father's wishes. For a referral in your area, please contact me at my e-mail address: [email protected].

Good luck!

Re: Right to see a will

Of course you have a right to see the Will.

The only way that your sister can become the executrix is if the Surrogate appoints her.

In order to do that, you must receive notice of probate and you should get a copy of the Will.

If you don't get a copy, you can go to the Surrogate's Court and get a copy.

Apparently the Will has not been submitted for Probate and your sister has not been appointed to serve as the executrix.

You have the right to request the Surrogate's Court to compel any person who has possession of the Will to present it for probate.

You may need a lawyer if there is a refusal on the part of the person who has the Will to present it for probate.

Good luck.