Legal Question in Wills and Trusts in New York

My brother died in August in New York State. He left a will with his partner and assigned his partner to be his executor. My sister wants to know if there is a limited window of time to contest a will and what it might be. This will may not have gone to probate and his partner may be handling estate matters out of court.

She and I live in a different state.

Thank you.

Asked on 8/20/13, 9:09 am

1 Answer from Attorneys

Sharon Siegel Siegel & Siegel, P.C.

If he and his partner were married, you would only get notice of the will being admitted to probate if you were a legatee (ie, if your name is mentioned in the will as a beneficiary, executor, etc.) as the partner is next of kin if they were married. If they were not married, and he had no other spouse or kids, your sister would get noticed. The easiest thing to do is to file an administration petition to become appointed as the administrator. If they were married, he would get served and if he had a will he would file then. If they were not married, your sister would become the administrator and govern the estate. If you want to find out if a will has gone to probate, call the court. The real missing fact that you did not post is whether they were married.

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Answered on 8/23/13, 8:14 am

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