So, does the decedent have other assets that need to be probated, or none at all? Have you checked at the county courthouse to see if anyone has opened up probate for this estate?
Do NOT show the bank the copy of the husband's will prepared before his marriage. What does the wife say when you ask her about whether she intends to probate? Do YOU know where the original will is?
If she is not mentioned in the will that was prepared before she married him, then of course it's reasonable to expect that she won't get the will probated. She may be afraid that she won't get anything if she is not listed in the will, or maybe there are no other assets to be probated, but even if she is not listed in the will she will still be entitled to a portion of the estate (maybe she doesn't know her legal rights). But she is doing a disservice if she is deliberately withholding the will. If she won't make any effort to open up probate, then YOU can do so by hiring a probate attorney just for the purposes of getting letters testamentary authorizing executor to give you whatever information/documentation you need, and if there are other potential heirs, you will be helping them as well since your attorney can ask judge to ask wifey to produce the will for court.
However, you should know that under normal circumstances the bank should not be asking you to provide approval from the executor, so you should be asking them what specific New York state law requires this, if any. Please mention the name and address of the bank and I can refer you to a governmental official who can investigate your complaint about this if you wish to file such a complaint to see why they are making it difficult for you to claim your money. Death certificate should be adequate documentation for them to release your funds.
DANDY DON IN OKLAHOMA (
[email protected])