Legal Question in Elder Law in New York

My father recently passed away and my step mother has refused to give my brother, sister and I any information on the estate. All she says is that she got everything and knows his wishes about his personal items. Do we as his children have any recourse to see the will or whatever legal trust he has set up? I live in NY.


Asked on 3/22/14, 11:25 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your father.

If dad had a will then you will eventually be provided a copy if your step-mother ever submits the will for probate. She may not though. What I would advise based on these facts alone would be to file a Petition for Administration (which is very similar to probate, except administration is the word used when someone dies without a will). This will force your step-mother's hand to either produce the will, and disclose dad's assets and if they were in joint name, etc. Your mother may believe she knows dad's wishes, but unless he had a will then the laws of the state of New York dictate how dad's property is divided.

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Answered on 3/22/14, 1:12 pm


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