Legal Question in Elder Law in New York

Will

My 94 year old uncle told me and 2 of my siblings that we were left in his will. He died last week and how would I get more information about his will? Are wills public information ?


Asked on 8/18/08, 10:44 am

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Will

when probated, a will is on file in the Surrogate's Court, in the County where the decedent resided when he died. It is public in that sense. However, wills are easily changed, and don't be surprised if your Uncle made, another later will, that did not include you.

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Answered on 8/18/08, 10:55 am
Richard Bryan Richard Bryan Attorney PC

Re: Will

I'm sorry for your loss.

It will probably take at least a few weeks for your uncle's executor to file the will in the probate department, but after that you can go to the probate department and "checkout" the file and read through the will.

If you were named in the will, you'll get a copy in the mail anyway along with a form called "Waiver of Process and Consent to Probate." You should do nothing for a month, at least.

Good luck.

Rick Bryan

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Answered on 8/18/08, 1:18 pm


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