Execution of a will

[sgiguy]

What is the name of your state? New York

Hello,

My father recently passed away and my step mom is taking care of the details. My questions are:
- How long does it take to execute or "read" a will in NY?
- How do I know if I'm included or if the will has been "read"?
- If I'm not included, am I notified?
- What are grounds to contest a will? I heard you can only contest a will if you are NOT included. Is that true?
- As his son, do I have a right to see the will?

Thank you very much.

Best Wishes,

SGIGUY

 

[BelizeBreeze]

What is the name of your state? New York

Hello,

My father recently passed away and my step mom is taking care of the details. My questions are:
- How long does it take to execute or "read" a will in NY?

there is no formal legal requirement to 'read' a will. And it can take years sometimes to complete probate.

- How do I know if I'm included or if the will has been "read"?

you will (by law) be notified by the executor

- If I'm not included, am I notified?

not required.

- What are grounds to contest a will? I heard you can only contest a will if you are NOT included. Is that true?

no it is not. But asking what are the grounds to contest is like asking how many ways are there to get lucky....

- As his son, do I have a right to see the will?

no

Thank you very much.

Best Wishes,

SGIGUY

you're welcome.

 

[seniorjudge]

Q: How long does it take to execute or "read" a will in NY?

A: Execute means sign; read means, well, read. I guess it depends on how long the will is.


Q: How do I know if I'm included or if the will has been "read"?

A: You ask whoever has the will.


Q: If I'm not included, am I notified?

A: No.


Q: What are grounds to contest a will? I heard you can only contest a will if you are NOT included. Is that true?

A: No, that is not true. Hire a lawyer for more details.



Q: As his son, do I have a right to see the will?

A: No, but if it is filed at the courthouse, anyone can see it.

 

[justalayman]

My father recently passed away and my step mom is taking care of the details. My questions are:

- How long does it take to execute or "read" a will in NY?

Not sure what you mean here. If you mean open probate and file the will, it would depend upon a party actually doing this. If you mean to actually execute the will, anywhere from nearly nothing to many many years (think of that stripper and her oil baron husband)

- How do I know if I'm included or if the will has been "read"?

You get a copy of the probate file and see

- If I'm not included, am I notified?

Now, how would anybody know to notify you of anything if you are not in the will?
-

What are grounds to contest a will? I heard you can only contest a will if you are NOT included. Is that true?

That one believes the will is somehow defective or invalid. Just about anybody can contest a will. If you believe the will is defective for some reason, that is how you would fight to correct it. It makes no difference if you are in it or not.

- As his son, do I have a right to see the will?

Once it has been filed in probate court, anybody can see the will. It is a public file. It will cost a minimal amount to get copies of the file.

 

[BelizeBreeze]

echo...echo....echo....

 

[justalayman]

echo...echo....echo....

I heard that!

When I first read the post,nobody had responded. By the time I got my fat litlle fingers to type out my answer and posted, I saw the two previous responses.

 

[sgiguy]

Execution of Will #2

Thanks for your responses.

For Clarification (again NY) :

By execute I mean the will is read and the parties find out what the "wishes" or "terms" of the will are. For the sake of these questions I will refer to this as "read"

So if you're not in the will how do you know or how would you determine if it's been "read"?

If that's by probate court how would I do that and what court is it, the local county court? Do you need to file a request? If so is anyone notified of the request? Finally, How long would you suggest waiting to find out?

Thank you all very much.

Happy Holidays.

 

[justalayman]

Thanks for your responses.

For Clarification (again NY) :

By execute I mean the will is read and the parties find out what the "wishes" or "terms" of the will are. For the sake of these questions I will refer to this as "read"

So if you're not in the will how do you know or how would you determine if it's been "read"?

If that's by probate court how would I do that and what court is it, the local county court? Do you need to file a request? If so is anyone notified of the request? Finally, How long would you suggest waiting to find out?

Thank you all very much.

Happy Holidays.

It is "probate court" and is titled as such. You would look to the probate court in the county of the persons residence although probate could be filed in other jurisdictions sometimes.

Start with the county of residence first.

Call them and ask them if probate has been opened for the concerned persons estate. If it has, ask them how much money you need to bring (or send) to recieve a copy of the file and follow their instrutions for obtaining a copy of the file.

They may be able to tell you if there is a stautory limitation to how soon after death probate must be filed. Others here may be able to clue you on this point.