Legal Question in Wills and Trusts in New York

Children's rights envolving a father's will and dealing with a stepmother

My father has passed away on august 30 of this year. I am assuming that my stepmother is the excutor of his will. Do my brother's and I have the right to find out what my father's will saids? How would I find out what the will saids when involving a step-mother?


Asked on 10/01/05, 6:32 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Children's rights envolving a father's will and dealing with a stepmother

If there is a Will and your step-mother is named Executrix, she is required to submit it to probate. You will be notified, or you can call the Surrogate's Office in the County where he lived when he died. They can tell you the status and for a small fee give you copies of what has been filed, if anything. I always get concerned when I hear of a second marrigae with children from the first marriage, who have no idea what their parent did., as it is not unusual that the parent either did nothing or the second spouse might have done something to avoid the first family, or the spouse might have inadvertently done something to eliminate the first family. What is your relationship with the second wife? If it is good, you could contact her and see what she has to say. I suggest contacting the Surrogate first, in any event. Do you know anything about your father's assets, who is attorney was, or anything else that might give me more information to assist you?

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Answered on 10/02/05, 1:08 pm


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