Legal Question in Wills and Trusts in New York

Withholding a will in Nassau county NY. My mother died a short while back and my sister is in potion of her will. When I ask to see it or who is the attorney that is handling it I am stonewalled and haven't been given the information. I checked with the Surrogate court and none thing is on file for her. I know that in the past my uncle and mother withheld my fathers will and let it go through probate so she would receive his Assets. What do I do now? My sister has told me that she has read the will and the property that was left was sold years ago. How can I get passed this family stonewall. What is she required to do. I love my sister dearly and wouldn't have expected this from her but I am sure my aunts and uncle are involved in this deception.


Asked on 3/12/12, 9:31 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You can start a legal proceeding compelling the production of the will.

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Answered on 3/12/12, 9:34 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David. However, I do not know enough facts to respond to your question. I do not know what property is described in the Will or how it may be currently owned. Further, I do not know what, if any, assets your mother owned at her date of death, or how the ownership of any assets is held - your mother alone or jointly with someone. A Will only acts on individually-owned assets, so if your mother owned assets jointly with someone, the Will would not cover them. Contact me directly if you have any questions. The first 1/2 hour of any consultation will be at no charge.

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Answered on 3/12/12, 1:52 pm


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