Legal Question in Wills and Trusts in New York

I was told by my Dad that I was to be the executor of his will and it was to be divided up equally among us. I recently found out by word of mouth by one of the 2 daughters my mother had from her first husband that my Mom rewrote the will in 2006. I am guessing she did this as my fathers money was taken out of his name as he was failing and the next year he went into a nursing home. He is still alive but on medicaid so there is probably no money in his name. My father was put in a nursing home in 2007 and my Mom died suddenly in 2009. I was never notified of any search or probate on my Moms will. By the way, all the money in this estate was garnered through the years my Mom was married to my father. Again I was notified by word of mouth that my Mom changed the executor to her other daughter from her first husband who I also recently found out by word of mouth that she distributed a great deal of money to herself and my full brother in 2009 after my Moms death. To complicate this my half sister just died suddenly and all the money went to her 2 sons who are not biological grandchildren of my father. Again I was never notified of the will or any kind of probate since my Moms death. Do I and my daughter (my fathers only biological grandchild) have any claim to the estate?


Asked on 10/26/11, 5:39 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Presuming all assets were in your Mom's estate when she died, and you are a natural heir, you should have been notified of the probate of her Will. Check with the Surrogate of the County where she resided at the time of her death as to what has happened. If a Will has been probated, you can get a copy for a minimal photocopy charge. You can also get the information on the Executor and the Attorney for the estate. There are many different laws involved, but the place to start is getting the probate information. You might have been disinherited, assets might have been registered with other people, etc. Much more information is needed to guide you, and litigation may be your only recourse. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/26/11, 9:37 am


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