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.
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
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
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.