Legal Question in Wills and Trusts in New York

Well to date the will has not been filed, of that I am sure. Could an executor have been appointed by the court without the will being filied with the court? What kind of time are you talking about running out? I am not aware of a period of time that would "create a bigger problem" but perhaps that is what she is trying to do? What would be the cost for an atty on such a matter?

Asked on 8/16/10, 2:53 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

An Executor will not be appointed without the Will being probated. However, this might not be the first nor last time that someone eligible and who has the Will tells the Surrogate there was no Will and files for an Administration (probate where there is no Will). I suggest you call the Surrogate where the person resided when he/she died and ask if anything has been done - probate or administration. Of course, if there were no probate assets (assets owned individually by the decedent) there would be no need for probate. If something improper took place, a Will contest can be initiated and this could take extensive time and legal fees could be very high. 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 8/24/10, 10:35 am

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