Legal Question in Wills and Trusts in New York
New york will information needed
My grandmonther passed 05-05-06. she had a will that she wrote back in 1980 when my granfather passed. 20 years later my grandmother married again and never changed her will. My grandmother is survived by her husband ( who is disabled and under medical supervision) and four children. Of which one of the children is the executor. My mother has made numerous attempts to the executor and she is being ignored ( her brother). My grandmother had substantial assests left to her children and at this point we are a t loss and do not know what to do. Should the will have been read? What should we do?
2 Answers from Attorneys
Re: New york will information needed
While I generally agree with Arnold, I do have several questions and comments. Has the Will been probated? If so, you can go to or get a copy by mail (small fee involved), by contacting the Surrogate's office in the County where she died. If probated, everyone involved should have received a Notice of Probate from the Executor. It is a violation of law not to probate it or notify people involved. There is a spousal election to take against the Will, if the spouse was not provided for. This is a little complicated, as assets have to be compared to determine what, if anything, a spouse may get. Where there any pre-marital agreements between the spouses covering estate matters? This may need to be checked into, to defend a claim for spousal election. Also, how were assets registered? If there were joint assets with the spouse, he gets them by operation of law, and this also impacts on the spousal election. If the Will was not probated and you know where the original is, suit to compel its probate may be needed. More information is required to give you more than a general answer.
Re: New york will information needed
The "reading" of the will occurs only in the movies. The Executor must offer the will for probate in the Surrogate's Court in the county where your grandmother resided at her death.
You should be also be aware that your step-grandfather is entitled to elect against the will for up to $50,000 plus one-half of the estate.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
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