Legal Question in Wills and Trusts in New York
Wills that are sealed
My son's grandmother died in 1997. He was not advised on when or where the will would be read. His father, father's sister and nephew are the only other survivors. He was told all property was left to the father and sister and that the will was sealed. Can he get access to the will or find out if he was included?
2 Answers from Attorneys
Re: Wills that are sealed
In order for a Will to be implemented it has to be filed with the Surrogate in the county in which the decedent lived at the times of his death. This is the probate procedure.
Wills filed with the Surrogate are public records and can be seen by anyone. I do not know what a "sealed" will is.
You are entitled to to look at the original Will and make a copy of it.
Re: Wills that are sealed
I agree with Norman that once probated, a Will is generally open for public inspection. It would be highly unusual for a Will to be "sealed" from public inspection. Contact the Surrogate in the County where the decedent resided when she died. Usually, for a small photocopy fee, a copy can be mailed to you. It is not unusual for a Will not to provide for grandchildren if any children are still living. Depending upon the size of one's estate, assets are traditionally left to children and grandchildren only come in if their parent has predeceased the decedent. This concept is almost universal, so do not be disappointed or take it personally, if your son has not been named.