P
probate_qst
Guest
What is the name of your state?This question pertains to New York State.
My mother wrote a will naming me as executor in 1975. It was prepared by an attorney and bears the signature of 3 witnesses. The basic elements of the Will are that my mother gave me her interest in a house which she bought mutually with my sister (she paid the entire down payment) and that everything else was to be shared equally between my sister and me.
In 1999 title to the house passed from joint tenancy between my mother and sister, to my sister singly, followed by yet another title change from my sister to her and her 2 daughters, all as joint tenants.
My mother died 2 years ago, in 2002, which I only found out about recently. Unfortunately there was no contact with anyone in my family for many years. Recently I came across my mother’s Will in my filing cabinet while I was rearranging my files, which caused me to think about everything that had happened.
I checked with the Surrogate’s Court in the county in which my mother died and it appears that there was no probate. Likely joint banking accounts were set up, particularly as my mother probably moved in with my sister toward the end of her life (given where the death took place.)
In New York state law, a joint banking account is presumed to be “with rights of survivorship” (so I am told) in contrast to another designation as a convenience account, which is without rights of survivorship.
I don’t know what actually happened to my mother’s estate. Even more I do not know if my mother wrote another Will. In any event probate was not filed and I am told I can file probate now since I have a valid will.
Does anyone have advice as to how I can proceed? I am mostly interested in finding out the facts as to what, if any, estate there is and am wondering if having a lawyer is the only realistic option, or if there are other approaches I can take.
Simply asking my sister is not a possibility, as she is always in a combative mood.
My mother wrote a will naming me as executor in 1975. It was prepared by an attorney and bears the signature of 3 witnesses. The basic elements of the Will are that my mother gave me her interest in a house which she bought mutually with my sister (she paid the entire down payment) and that everything else was to be shared equally between my sister and me.
In 1999 title to the house passed from joint tenancy between my mother and sister, to my sister singly, followed by yet another title change from my sister to her and her 2 daughters, all as joint tenants.
My mother died 2 years ago, in 2002, which I only found out about recently. Unfortunately there was no contact with anyone in my family for many years. Recently I came across my mother’s Will in my filing cabinet while I was rearranging my files, which caused me to think about everything that had happened.
I checked with the Surrogate’s Court in the county in which my mother died and it appears that there was no probate. Likely joint banking accounts were set up, particularly as my mother probably moved in with my sister toward the end of her life (given where the death took place.)
In New York state law, a joint banking account is presumed to be “with rights of survivorship” (so I am told) in contrast to another designation as a convenience account, which is without rights of survivorship.
I don’t know what actually happened to my mother’s estate. Even more I do not know if my mother wrote another Will. In any event probate was not filed and I am told I can file probate now since I have a valid will.
Does anyone have advice as to how I can proceed? I am mostly interested in finding out the facts as to what, if any, estate there is and am wondering if having a lawyer is the only realistic option, or if there are other approaches I can take.
Simply asking my sister is not a possibility, as she is always in a combative mood.