Legal Question in Wills and Trusts in New York
Wills after death
My father in law died in march .He is survived by his wife. His will left everything to his wife. What do we do with his will since everything goes to his wife? His will is kept in the county court house.Can we just distroy it or should something legally be done with it?
2 Answers from Attorneys
Re: Wills after death
Unless every single asset is jointly registered with his wife (probably not everything is), the Will must be submitted to probate with the local Surrogate in the county of his residence at time of death. Once probated, the executor appointed (probably also his wife) can arrange to transfer any non-jointly owned assets to her.
Re: Wills after death
Dear sir or madam:
When a person dies, you must probate the will through the local Surrogate's court to effectively transfer his assets to his beneficiaries (the exception being property held as joint tenants).
Contact my office by email ([email protected]) or by phone if you have any additional questions.
Sincerely,
Anthony S. Park
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