Legal Question in Wills and Trusts in New York

Wills

How does a child (recent adult) obtain a copy of his parents will. Parents were killed

in an auto accident when the child was 8 years old. The guardian/executor of the

parents estate seems to be withholding and/or misrepresenting what the will provided. He's not sure where to begin looking.


Asked on 7/08/01, 9:57 am

3 Answers from Attorneys

Re: Wills

The Surrogate's Court in the County where

your parents resided when they died must

have the Will on record. It is a public

document, and for the mere cost (usually

50cents a page) of copying, you may obtain

a copy. If you need additional assistance

such as requesting an accounting and

other court proceedings after you have a copy

please contact or call 716-235-2560

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Answered on 7/09/01, 8:59 pm

Re: Wills

To Whom It May Concern:

This is in response to your email of July 8, 2001, which this office received on July 9, 2001.

The court in which the probate proceeding was conducted should have a copy of the will. He should be able to obtain a copy of the will at that court.

Please contact my office if you wish to discuss this matter further.

Sincerely,

Nichols & Eberth, P.C.

By: Robert J. Stelmock

(313) 561-5700

[email protected]

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Answered on 7/26/01, 9:54 am
Norman Nadel Norman Nadel, Esq.

Re: Wills

If a Will was probated then the proceeding took place in the County where the parents las were domiciled.

This is probably known to the recent adult.

Check with the Surrogate's Court in that county and the clerks will be very helpful in getting a copy of the Will.

If the Will was probated a guardian must have been appointed for the child. This guardian is an appointee of the court and can be forced to perform his/her services, which is unqualified duty and obligation to the child.

I am sure that when pressure is asserted, the Will will be forthcoming.

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Answered on 7/09/01, 12:25 pm


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