QUESTION
do all wills need to be filed w/ court
Asked on Aug 19th, 2013 on Wills and Probate - New York
More details to this question:
will states brother is to be executor. he seems to think he can just distribute funds, does not have to share contents of will to anyone and states he was told he does not have to file the will anywhere.
2 ANSWERS
Trusts and Estates Attorney serving Huntington, NY
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Novick & Associates, P.C.
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It seems like your brother is the nominated executor -- according to your brother. The will should be filed with the Surrogate's Court in the county where the decedent resided. Your brother is NOMINATED executor, and just that. Therefore, he does not have distributive powers until the Court grants him what is called Letters Testamentary. So the answer to your question is yes, your brother should file the Will with the Court.
Now, the real question is, since he is not doing that, what do you do as a person interested in Decedent's estate? You can try to file for Letters of Administration and then your brother may be forced to produce the original will.
Answered on Sep 09th, 2013 at 3:20 PM
Matrimonial Law Attorney serving New York, NY
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Law Office of Gerry Wendrovsky
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The answer to your question is, it depends- on the assets, their location, how they are held, and by whom. You should consult with qualified counsel, to determine whether a proceeding needs to be brought in the Surrogate Court to 'compel the production of the will'.
Gerry Wendrovsky, Esq.- Upper West Side Estates Lawyer
www.upperwestsidelawyer.com
Answered on Aug 26th, 2013 at 5:44 PM