QUESTION

I want to put my mother's will into probate court.

Asked on Oct 11th, 2012 on Wills and Probate - New York
More details to this question:
my mother has accumulated a fortune by my father's passing 20 years ago. he left no will and he had left behind substantial amount of money and assets. my mother is teminally ill and I know she has disowned me from the will. I would like to know my legal options? Thank you.
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1 ANSWER

Dear New York, My condolences on the state of your mother as well as on your being disinherited....but I hope you'll be pleasantly surprised when everything shakes out. As to probating your mother's will.  Whoever is in possession of the original will, or even a copy if that's all that can be located, is responsible for filing that will with the clerk of the circuit court in the appropriate district (meaning wherever your mom lived) within 30 days of the death of the Testator decedent (your mom herein).  Up until your mom dies she can change her will as long as she meets statutory requirements.....you said she was terminally ill but not in a coma.  So unfortunately, you don't get to peek ahead to see what, if anything, she's left to you....unless you have a copy of the will....and again that is still revocable until your mother dies.  So what are your options....If mom has disinherited you and the will is iron clad, you have no options.  It is her money and her stuff, so she can distribute it as she pleases....unfortunately your father was so busy making money that he did not take time to ensure his children had trust funds.  Disinheriting a child or spouse has to be done expressly...a testator has to name you and maybe leave you a dollar (something nominal).  You can always contest the will if you have grounds to do so.  I suggest you at least let your mom get through this terminal illness first though before you count the money.....who knows she may experience a miracle recovery and you having been so attentive to her in the state of her terminal illness will be back in her good graces again.  So your option right now is just to wait, be kind to your mother and enjoy and appreciate her while you have the opportunity. 
Answered on Oct 17th, 2012 at 8:13 PM

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