Legal Question in Wills and Trusts in New York

I live in Pennsylvania. My mother died in 2018 in NYC.

My brother, the executor, did not notify me of her death. She lived in a coop whose stock were still in my deceased fathers name at the time of her death according to the coop manager.

The coop manager told me that my brother had a will and he was named him executor and sole beneficiary to all my mother’s possessions. My other brother and I were left, nothing. She claimed it was a legal will.

In a prior will, I was the executor. For many years my mother had stock in which I was a TOD beneficiary. I have the records. That stock was transferred out to my mother’s bank account, about two years prior to my mother’s death.

I also have a letter in which she stated she wanted to leave everything equally to all children.

My brother still has not sent me a copy of the will.

The questions are:

Is it legal in NYC to not send a copy of the will, even if I was not named but left nothing.

If the executor brother did file the will, was I required to be notified? Whether it was probated or just a small estate voluntary administration proceeding?

Also, since then coop manager said the stock was still in my father’s name, did my brother have the right to sell the stock without opening a voluntary administration proceeding, for my deceased father?

Acris property records for NYC shows that the property was transferred from my mother’s name to the coop management in 2018. It does not say it was transferred from her estate, it lists her name, as if she were living. Is that normal?

As a heir at law, do I have any legal standing, even if I was not named a beneficiary in the will that was presented?

Asked on 5/28/19, 9:16 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your mother.

Yes, as one of your mother's children, the executor is required by law to send you various documents before that person can be appointed as executor. You're going to have to see a lawyer face to face to get this handled. There's too much going on here; this can't be done via email.

Good luck.

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Answered on 5/28/19, 9:32 am

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