Legal Question in Wills and Trusts in New York

if a will is going into probate at what point does the estate lawyer tell you what is in the estate can i ask for an acount of my dads estate?


Asked on 8/03/10, 6:28 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Yes, assuming that you are named as a beneficiary of the Will.

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.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts. I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change. As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 8/08/10, 6:32 am
Walter LeVine Walter D. LeVine, Esq.

Presuming you are a beneficiary, the estate lawyers will be able to tell you what is in the estate as soon as all assets are discovered. This presumes the Executor knows the financial information and replies with the information promptly. Sometimes it takes months to find all assets. You are entitled to an accounting when the estate is ready to be settled. That usually occurs after assets are known, bills and debts are paid, tax returns are filed and taxes paid. A good attorney will keep you advised along the way, but you can anticipate that even in a simple estate this could take months or longer. There are exceptions and some estates can be settled very quickly, and some take years. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 8/09/10, 8:26 am


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