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Will: What am I entitled to know.... ?

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ClaireNY

Junior Member
What is the name of your state (only U.S. law)? New York

My sole remaining parent (father) passed away recently.. Two children (myself and my sibling) my sibling being the Executor of the estate.. I was left interest in his residence and my sibling was left the remainder of the estate..

Am I entitled to know what my father's entire estate was worth? The Executor (my sibling) is not forthcoming with this information..

Thank you
ClaireNY
 


C

ClaireNY

Junior Member
Thank you Senior for your speedy reply..

What level of detail will I be seeing in the entire copy of the Will?

Thank you,
ClaireNY
 
D

Dandy Don

Senior Member
You are a bit premature in asking this question. If he just recently passed his estate is still being probated (if in fact the executor has begun the process) and it will take a few months to do that. At the appropriate time he will provide an accounting/inventory and you need to be patient as the process plays itself out.
 
D

derexican

Junior Member
ClaireNY said:
What is the name of your state (only U.S. law)? New York

My sole remaining parent (father) passed away recently.. Two children (myself and my sibling) my sibling being the Executor of the estate.. I was left interest in his residence and my sibling was left the remainder of the estate..

Am I entitled to know what my father's entire estate was worth? The Executor (my sibling) is not forthcoming with this information..

Thank you
ClaireNY
Click to expand...
We are going through a similar situation. Your sibling is legally obligated to provide you a copy of the will. You do not have to go to the trouble to buy a copy from the court when it is the executor's responsibility to provide one to you. If your sibling refuses to provide you with a copy, you can then go to the law office where the will was made (if you know the name) and inform them of the situation and either they will give you a copy or direct your sibling to do so.

Also, the will most likely will list the assets of your parent(s) and not dollar amounts. If you inherited an interest in a real estate property, your sibling needs to have an appraiser come and do an evaluation to calculate the value of the property. Unfortunately, in these times, it will most likely be substantially lower than it was before the economic crisis.

Hope this helps.
 
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anteater

Senior Member
Your sibling is legally obligated to provide you a copy of the will. You do not have to go to the trouble to buy a copy from the court when it is the executor's responsibility to provide one to you.
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Can you provide a citation to where this is required in New York?

If your sibling refuses to provide you with a copy, you can then go to the law office where the will was made (if you know the name) and inform them of the situation and either they will give you a copy or direct your sibling to do so.
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This is crap. The attorney that prepared the will has no such obligation.
 
D

derexican

Junior Member
anteater said:
Can you provide a citation to where this is required in New York?


This is crap. The attorney that prepared the will has no such obligation.
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What planet are you from....it's in the definition of an executor....look it up.

As for the attorney's duties...it is his/her responsiblity to assist in the proceedings of the estate...that's what he or she is paid for.

Get a life and stop trying to call out posters.
 
A

anteater

Senior Member
Let's just remind the audience what you originally posted:
Your sibling is legally obligated to provide you a copy of the will.
Click to expand...
I asked for a citation that this is true in New York. And your response:
What planet are you from....it's in the definition of an executor....look it up.
Click to expand...
Good evasion. Maybe you can point me to that definition. Shoot, I'll give you a chance to redeem yourself. Cite the statute in a state that does require that a copy of the will be provided to the beneficiaries and heirs at law. Clock's ticking.....


Now for Door #2:
...you can then go to the law office where the will was made (if you know the name) and inform them of the situation and either they will give you a copy or direct your sibling to do so.
Click to expand...
And your retort to my piquant response:
As for the attorney's duties...it is his/her responsiblity to assist in the proceedings of the estate...that's what he or she is paid for.
Click to expand...
The involvement of the attorney preparing a will ends with the preparation of the will. That attorney has no invovlement with the estate unless the executor chooses to retain that attorney.

An attorney retained by the executor of an estate works for the executor of the estate. The attorney's duties involve only what the executor requests.

Get a life and stop trying to call out posters.
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Calling you out is like shooting a carp in a goldfish bowl.

If you don't want to be called out, then stop making erroneous statements. In this and your other posts you have shown yourself to be totally ignorant of the law. Quit while you are ahead.
 
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D

derexican

Junior Member
anteater said:
Let's just remind the audience what you originally posted:

I asked for a citation that this is true in New York. And your response:

Good evasion. Maybe you can point me to that definition. Shoot, I'll give you a chance to redeem yourself. Cite the statute in a state that does require that a copy of the will be provided to the beneficiaries and heirs at law. Clock's ticking.....

The audience?...wow you really do have no life...you just look sadder by the post you poor thing. Evading what?....you said where is the information cited from, the answer is the legal definition of an executor...what don't you understand by that?..should I draw you a diagram or write directions on how to look up a definition..come now.

Now for Door #2:


And your retort to my piquant response:

The involvement of the attorney preparing a will ends with the preparation of the will. That attorney has no invovlement with the estate unless the executor chooses to retain that attorney.

An attorney retained by the executor of an estate works for the executor of the estate. The attorney's duties involve only what the executor requests.

In this and your other posts you have shown yourself to be totally ignorant of the law. Stop while you are ahead.

As for the attorney's involvement, I said that the law office/attorney involved that created the will is obligated to provide a copy to the beneficiaries upon request...period.

I also assumed that the attorney that created the will was the one retained for the the affairs of the estate in this matter...as happens in most cases. If that is true for this case, then the attorney would direct the executor to provide the necessary information to the beneficiaries..whether the executor does it is another matter. It would be illegal for he/she not to do so.
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Now you can keep on showing how pathetic and without a life you are with your comments or you can just get a life and stop trying to deny what I'm saying is valid. If you're a lawyer (which I'm assuming you think you are), it's obvious you got your degree from the back of a cereal box.

Good luck! :)
 
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anteater

Senior Member
...and stop trying to deny what I'm saying is valid.
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I don't have to try.

I wanted to be certain that, if Claire or her husband stopped back at this thread and read your post, they would not take it seriously.

Clock is still ticking... I'll make it easier. Just name a state in which the executor is "legally obligated to provide [beneficiaries] a copy of the will."
 
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derexican

Junior Member
anteater said:
I don't have to try.

I wanted to be certain that, if Claire or her husband stopped back at this thread and read your post, they would not take it seriously.

Clock is still ticking... I'll make it easier. Just name a state in which the executor is "legally obligated to provide [beneficiaries] a copy of the will."
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:) Well, it's Saturday night and I actually have a life so I'm outta here, but you can keep on arguing with yourself if you like since you have the time and interest to do so.

To Claire and her husband, if you stop by this thread any time soon, I received the information I posted from my own research and from consulting my attorney who is very highly qualified. Like I originally said, we are going through a similar situation at the moment. I live in California, but what you are asking is universal in every state according to the law.
 
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anteater

Senior Member
I live in California, but what you are asking is universal in every state according to the law.
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Ah, yes.. California. Let's see:
8100. The notice of hearing of a petition for administration of a
decedent's estate, whether served under Article 2 (commencing with
Section 8110) or published under Article 3 (commencing with Section
8120), shall state substantially as follows:


NOTICE OF PETITION TO ADMINISTER ESTATE OF _______, ESTATE NO.
____

To all heirs, beneficiaries, creditors, and contingent creditors
of _________ and persons who may be otherwise interested in the will
or estate, or both:
A petition has been filed by ______ in the Superior Court of
California, County of ______, requesting that ______ be appointed as
personal representative to administer the estate of ________ (and for
probate of the decedent's will, which is available for examination
in the court file)....
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Hmmm... Nothing there about the executor being obligated to provide a copy of the will. And, just so you don't think that I am excising anything:
CA Codes (prob:8100)

So much for being "..universal in every state according to the law."
 
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derexican

Junior Member
anteater said:
Ah, yes.. California. Let's see:


Hmmm... Nothing there about the executor being obligated to provide a copy of the will. And, just so you don't think that I am excising anything:
CA Codes (prob:8100)

So much for being "..universal in every state according to the law."
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OMG...what does that little excerpt from a form you found online have anything to do with what I'm saying.....damn dude, you're really starting to showcase that you have some mental issues...it says that the will is available to view in the court file...and?...it is. That doesn't equal an executor not being legally obligated to provide a copy to all beneficiaries...which he/she is...

creditors, and contingent creditors

persons who may be otherwise interested in the will
or estate, or both

these people may not be legally entitled to be provided a copy by the executor, but I don't know that one...

Now, I'm seriously done arguing with you so you can get a semblance of a life or argue with someone else because it's way past relevant.
 
S

seniorjudge

Senior Member
derexican said:
OMG...what does that little excerpt from a form you found online have anything to do with what I'm saying.....damn dude, you're really starting to showcase that you have some mental issues...it says that the will is available to view in the court file...and?...it is. That doesn't equal an executor not being legally obligated to provide a copy to all beneficiaries...which he/she is...

creditors, and contingent creditors

persons who may be otherwise interested in the will
or estate, or both

these people may not be legally entitled to be provided a copy by the executor, but I don't know that one...

Now, I'm seriously done arguing with you so you can get a semblance of a life or argue with someone else because it's way past relevant.
Click to expand...
Thank you for proving you know nothing about probate law.
 
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