Legal Question in Wills and Trusts in New York

Re: Reading of a will

The "reading" of a will is almost never done in NY. You are entitled to a copy of the Will from the court, but usually, the lawyer or executor should provide one to you.

Only a surviving spouse has an absolute right to elect an intestate share, ie: what he or she would be entitled to if there were no Will.

It is not illegal to disinherit a child and unless you can demonstrate undue influence by the other heirs or that the Testator lacked the mental capacity to make a valid Will, there is not much you can do.

My comments are based on treating your question as an hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Re: Reading of a will

Unusual for there to be formal reading, except in movies, novels or television. In any event, having an attorney there is not necessary, as you are entitled to a copy of the Will if you are named in it. If not, its probate makes it a public document and you can get a copy, for a small photocopy fee, from the Surrogate's office where it was filed. If you have a claim, a caveat can be filed, which usually has a limited time to file it, so you should be prepared to act quickly if you need to. To file the caveat you will probably need an attorney to assist you.

Re: Reading of a will

The reading of the Will is an old custom and rarely done today.

You have an absolute right to get a copy of the will. If the lawyer does not give you a copy you can get one from the court after it has been filed for probate. However, there must be a basis to contest the will.

If you are economically adversely affected by the Will you can contest it. That is, the Will gives you less than what you would have gotten if there had been no will.

It is unusual for a will to mention gifts given prior to death so I am not sure what you expect.