Legal Question in Wills and Trusts in New York

I have been estranged from my family for 8+ years. Last week I found out that my mother passed away. I don't believe that my siblings are going to do the right thing with the Will. Actually, I don't know if there is a will or not. What do I do to be sure that things are done properly? Is there a form I can fill out to be sure that I am contacted? She lived in Suffolk County, NY. I live in TX.


Asked on 5/26/10, 5:40 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

If she had a Will it should be submitted to probate and all possible heirs, like all children, should be notified and receive a copy oif the Will. I suggest calling the Surrogate of Suffolk County to see what has been done. Keep in mind that the law does not mandate that all children be included in a parent's estate, so unless you can prove that your siblings did something actionable to cut you out of the estate, your mother could legitimately disown you. If she did not have a Will, you are included in the estate by laws regarding intestacy (dying without a Will).

Read more
Answered on 5/27/10, 2:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York