Legal Question in Wills and Trusts in New York

Re: Will Non-disclosure

As his son you are entitled to notice of any estate proceeding. You can go to the Surrogates Court in the county where he died to see if any proceeding is pending. If the will is deemed invalid by the court the statutory rules of intestacy will apply as to how the estate is distributed. If you know the name of the life insurance company you can cotnact them. If not, have the court compel her to provide the information. Good luck.

Re: Will Non-disclosure

Call the Surrogate's office in the County where he resided at his death and see if a Will was probated. You can learn the Executor appointed, get a copy of the Will and find out the attorney for the estate. You can then contact him about the insurance policy information. If you have reason to belive the Will was not correct, you have the right to contest it, but time is limited. If there were no Will, you father died intestate and his Wife is entitled to be appointed as Administrator. The assets then pass by registration (e.g., joint registered assets go to the surviving named joint owner) and the rest of the estate goes by statute. If you are entitled to anything depends upon account registration and/or the size of the estate. You may want to contact a local attorney to help you if there are any questions.

Re: Will Non-disclosure

You can call the Surrogate Court in the county where your father passed away. If that is New York County it is located at 31 Chambers Street, NY, NY 10007. You can call them at (212) 374-8232. If what you say is true, i.e. that your father did not sign the will then in New York an unsigned will is not valid. In that case your father's estate passes to his heirs by New York's intestate statutes. However, joint accounts and insurance policies are not governed by the laws governing wills. If you are a beneficiary to an insurance policy you are entitled to that. But again start with calling the surrogate Court. If you need help, call my office at (212) 745-1373.