What to do if my mother passed away 4 months ago and had a Will but my oldest brother, who is the executor has not probated it?

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What to do if my mother passed away 4 months ago and had a Will but my oldest brother, who is the executor has not probated it?

How can I get a copy? How long does he have to probate the Will? I’ve asked him for a copy but it was never sent even though she had Wills made 6 years ago.

Asked on April 5, 2013 under Estate Planning, New York

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Obtain the assistance of probate legal counsel immediately to file a petition to probate the estate of your mother and to have yourself appointed administrator of the probate proceeding. Do this NOW so as to prevent the commission of waste or mismanagement of the estate by your brother.


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