how do i get to see my father’s will, he passed in Nov2017, also does the lawyer notify the parties when the will if read

Get Legal Help Today

 Secured with SHA-256 Encryption

how do i get to see my father’s will, he passed in Nov2017, also does the lawyer notify the parties when the will if read

Father passed in Nov 17th 2017 I still have not been notified about the reading of his will

Asked on May 28, 2018 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, the executor or personal representative/administrator of the estate (which may be the attorney if the attorney was named as such, but may also be some other person) has to notify anyone named in the will of what they stand to inherit. If there is a will and you are not named, however, there is no need to specifically reach out to you. If you believe that there is a will and you are named it in it but no one will give you any information, you can file an action in surrogates or probate course to force the executor, personal representative, etc. to provide you information and to distribute the assets as per the terms of the will (if there is one) or according to the rules for "intestate succession" (if you are wrong and there is no will--but since you are his child, you will presumably inherit under intestate succession, which passes assets to the nearest kin, if there is no will). 
A legal action like this, or cases involving probate generally, are NOT simple and are not for the layperson unless you simply do not have the resources to hire an attorney. If at all possible, retain a lawyer to help you; if you cannot afford one, contact the probate or surrogate's court, explain that your father passed 6 months ago and that you believe there is a will, but that no one has contacted you about it, and ask them for what you can do.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption