Legal Question in Wills and Trusts in New York

My father, from whom I was estranged passed away in 1999. I did not learn of his passing until months later and was never contacted by his second wife, who was the executor of his will. I recently found out that according to his will, I was to inherit $5000. My sister was handed a check at his funeral, but I have never been contacted. How do I go about collecting the inheritance?


Asked on 7/18/10, 6:25 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You would contact the executor, who is in charge of distributions under the will.

Mike.

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Answered on 7/19/10, 5:10 am
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

If the executor does not respond to your request, you can search the records of the Surrogate's Court to see if the will was probated. If there was a probate proceeding, the file in the Surrogate's court will have a copy of the will - you can confirm if you were due anything under the will. You should have received notice of the probate proceeding. You can bring a proceeding against the executor in Surrogate�s Court to pay you what you are due under the will, plus interest.

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Answered on 7/19/10, 3:37 pm


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