Validity of handwritten will versus notarized will with 3 witnesses

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.

My mother died 2 years ago.

I have the following questions:

1) If my mother subsequently wrote another will in an informal manner – handwriting, let’s say – and without notarized signatures, would that will supercede the will I possess?

2) Can a handwritten will be the basis for Letter of Administration in New York State Surrogate’s Court?

3) If another will did not exist, and assets were distributed without my knowledge, do I have any legal recourse at this point?

4) If another will does not exist, and subsequently my mother added my sister’s name to her bank accounts, and other assets, would that effectively eliminate any entitlement I would have since the accounts would have joint ownership?

More importantly, is the handwritten will dated?

Is it signed by at least 2 witnesses (witnesses who are also NOT named as beneficiaries)?

You have left out the most critical detail of all--which one of these wills, if any, was submitted to probate court?

(1) The handwritten will, under certain conditions, could supercede the previous will. It does not have to be notarized. A probate attorney would have to examine it to see if it meets with all legal requirements of New York state probate law.

(2) Yes.

(3) You have not provided enough details here for a definitive answer. Exactly what were the assets and how were they distributed and to whom and who distributed them? Are we to assume that sister was administrator of this estate and did she also have power of attorney before the death occurred?

(4) Yes, joint account ownership would effectively eliminate you from any entitlement.

Sister has been very crafty, indeeed, hasn't she? Have you been to the county courthouse to look at your mother's probate file to see exactly how this estate was handled or are you implying that nothing has been done on your mother's estate?

DANDY DON IN OKLAHOMA ([email protected])

Followup

New York State

Thank you for taking the trouble to reply.

My posting is in the absence of having all the facts. I have a properly constructed Will and do not know what happened subsequently in terms of a codicil or a new Will.

The types of assets my mother likely had are bank accounts, CD's, and also additional assets she obtained from my grandmother, and even her grand aunt. These assets could consist of savings bonds and a large collection of genuine gold dollar coins from the late 1880's, other collections of various sorts, and the like.

Besides these my mother put down the down payment to buy my sister a house, and there too I do not know at this moment how the property is held - with or without the right of survivorship. Even for the bak accounts I do not know if they are jointly owned or if my sister was added on the signature card only. What I do know is that my sister definitely was not associated with my mother's accounts for many years, and would only have been added toward the end of my mother's life.

In short I do not know what the assets really are. However, some of these would likely not be in accounts or ownership designated as joint tenancy with right of survivorship. Having said that I do not even know how I can find out the real truth as my sister is not likely to be forthcoming.

I am awaiting records from the Surrogate's court with respect to whether there was a probate. If there was none - on the assumption of my sister that "possession is nine tenths of the law"- then I am told I can initiate probate. But the questions remains, if there are assets in the estate, how do I find out what and where they are.

I believe that my sister probably did everything in her power to simply keep everything and not reveal its existence. Hence I was asking some general questions to get an idea of what goes on in probate situation.

Finally, "craftiness," unfortunately, is perhaps a genetic disease that runs in the family. It's all quite unfortunate.

Why have you waited so long to get this estate probated? Do you have access to your mother's personal papers? Is it possible that sister has already handled some of these affairs?

Wait until you find out whether there has been a probate and then come back with a follow-up posting here. If sister claimed any assets without filing to be administrator/executor, she will have to pay that money back to the estate unless it was items that she was named beneficiary on.

DANDY DON IN OKLAHOMA ([email protected])

Followup

Thanks again.

This whole business stirs up alot of unwelcome memories, but I have a 6 year old son who deserves benefits my wife and I have not enjoyed.

It all reminds me of the opening sentence of Tolstoy's Anna Karenina: "All happy families are the same but all unhappy families are each different in their own way."

I will post again when I get the documents from the court.