Legal Question in Wills and Trusts in New York

My mother died and left my brother in charge of her affairs. He has the will but no one else has a copy. it's been months and he hasn't put it into probate. It has both our names in it and I think he's planning on making it disappear so he can take more. What can i do?


Asked on 12/03/13, 10:55 pm

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

Retain counsel to compel him to file the will in court. Call me should you need a referral to a local lawyer.

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Answered on 12/04/13, 5:07 am
Roman Aminov Law Offices of Roman Aminov

I agree with attorney Slater. In NY, you would file a petition to compel production of a will to force him to produce the document.

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Answered on 12/04/13, 5:19 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David and Roman - sue to compel him to produce and probate. Presuming he now claims he has no Will, consider applying to be appointed Administrator, which presumes no Will and Mom died intestate (without a Will). Of course, if he were not to be an equal beneficiary, or not the only Executor (where there is a Will) he might be considering something that will put him in a better position..

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Answered on 12/04/13, 10:45 am


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