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

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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 5 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.


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