Legal Question in Wills and Trusts in New York

In New York - Long Island

My mother passed away last week. She died in NY while living with my sister. My sister tells me that she had will from when she lived in Florida before she moved in with my sister. My sister hasn't told me who the lawyer is that is executing the will . She has told that I am a beneficiary. She has told me I have to wait 3 months to get the proceeds. I don't have a copy of the will. I am getting the feeling that the will is being withheld from the court. How should I proceed? Is it illegal for my sister and aunts and uncle to hide the will from the court.


Asked on 3/11/12, 5:20 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

My condolences. Your mother would have named an executor in her will. That individual retains an attorney to offer the will to the Surrogate's Court for probate. When that happens you will receive a notice of probate and a request to sign a waiver. You should also receive a copy of the will at that point. Since you are an heir by law if there were no will, you must be notified of the probate application even if you were not a beneficiary under the will. Feel free to contact me if you have further questions.

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Answered on 3/11/12, 9:36 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Arnold, but there might be some complications since the original Will was made in Florida. Many states look for ceratin language and if it does not appear, probate may be denied or withheld. I suggest calling the Surrogate in the County where Mom lived and inquire as to what is happening. If everything is going smoothly, what Arnold says will occur. If in a reasonable time period nothing has happened, you could apply for an appointment as the administrator of an intestate estate (one where there is no Will). This application might force people to come forward and produce the missing document. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 3/12/12, 9:31 am


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