Legal Question in Wills and Trusts in New York
Right to See the Will
A former indigient client who used to be a maid for a very, very wealthy elderly employer wants to know whether she has a right to see the recently deceased employer's will in which her minor son was named as a beneficiary. While her wealthy employer (''E'') was alive, E told the client that E would leave something (like a condominium, etc.) to the client's son. E had no children and no relatives. E died. The client got just a telephone call from a lawyer who told her that her son got $20,000 from the will and that he would send a check. He has not sent the check - yet. The client does not trust this lawyer. Can she see the will? Does she have the right as the mother of the minor beneficiary of the will. If she does have the right, what should she do (i.e., go to court? send a letter to the attorney, etc.)?
3 Answers from Attorneys
Re: Right to See the Will
A PROBATED WILL IS A PUBLIC DOCUMENT. YOU CAN GO TO THE SURROGATE'S COURT WHERE THE WILL WAS PROBATED AND SEE IT. COPIES WILL COST YOU A FEW DOLLARS. ALSO, AS A NAMED BENEFICIARY, YOUR CHILD IS REQUIRED TO HAVE BEEN NOTIFIED BY THE ATTORNEY OF THE PROBATE OF THE WILL AND CAN REQUEST A COPY FROM THE ATTORNEY. A SMALL PHOTOCOPY FEE MAY BE CHARGED. CALL THE ATTORNEY FIRST AND DEMAND A COPY. IF HE REFUSES, GET IT FROM THE SURROGATE.
Re: Right to See the Will
Client has the right to see the Will. He should have received a Notice of Probate along with a copy of the Will.
The original Will is (or should be) in the file at the Surrogate's Court for the County in which death occurred and is a public record.
Re: Right to See the Will
Your question has already been correctly answered by another attorney.
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