named in a will, why can I NOT obtain copy?

[DREXEL]

What is the name of your state? --------------------------------------------------------------------------------

What is the name of your state? NEW YORK

mother passed away in 2000, was named in will, parts of will have been executed, yet when I asked stepfather for copy of will to read, confirm, was told by his attorney that
step father said "I am not allowed to obtain a copy" end of story. (he has since remarried)
since death, estate has been sold. Is there a statute of limitations on this as well?
as I read in another thread, (as far as author goes) I am first born son, will was my mothers.

I hoped I did the right thing in posting new thread, as I am new to this forum, thanks in advance for help

 

[nextwife]

If the will has been filed, it is PUBLIC record and a copy can be obtained from that county probate court. It may even be available online.

http://www.nysegov.com/citguide.cfm?context=citguide&content=munibycounty1

If it hasn't been filed, you've waited an awfully long time to act! If no filing has occurred and no will shown, file for intestate probate with yourself to be appointed as executor.. That may cause him to cough up the will and act.

Remember though, the will will not affect jointly held assets that pass OUTSIDE ptobate or insurance benficiaries.

 

[DREXEL]

next wife,
Thanks for information, and link, I will be contacting county on monday.
I have NO idea if will was filed, as I have been "out of loop" for a bit, and I feared there was a time frame involved with this,there was something about lawyers tone on phone when I spoke with him, very short, and rude,I tried the link to see if it was online, no sucess. Thank you very much for help!

 

[seniorjudge]

I doubt that you were named as beneficiary.

I also think you probably have waited way too long.

But, don't give up hope till you check with the courthouse.

Also, have a local title company that does business in that county run a title report on the real estate and see who owned what and when.

 

[Dandy Don]

Father's actions and the attorney's actions in regard to this estate are very suspicious. Also looks as if father deliberately is withholding the will from being probated.

If there is a will, you need to evaluate it carefully to see if it looks like your mother's genuine signature or if it looks fraudulent. If you were named as a beneficiary, the law requires that you should have been notified long before now and should have received a copy of the will. Is it possible that father created another will and had your mother sign it under duress to exclude you as a beneficiary and to make himself sole beneficiary?

Discuss with a probate attorney whether you have legal grounds to contest or not. Are there other brothers and sisters who could have been named as beneficiaries as well? What is the estimated value of her estate?

DANDY DON IN OKLAHOMA ([email protected])

 

[DREXEL]

Well,
this is scenario, I was a beneficiary, and had one heck of a time obtaining that, as I was told "under his discretion" were funds to be distributed.
brothers and sisters were shafted, because of their age, and habits at that time.
I am directly named in the will, as "first born son" and I never got any copies of will,
I thought that you recived a letter in mail that you had to sign off declaring that you are satisfied with results. (this happened with my grandmothers estate I got a registered letter asking me if I was satisfied, and was not going to contest)
you hit it on the head with the comment "something to hide" I say this because my wife who cared for my mother was TOLD by mother things she had specified in will which since that time have never been carried out. take that combined with stepfathers actions, and sale of estate, something is not right!
as far as "duress' he had her change will because it was originally drawn up with myself as being executor, and he had her change it to him. thats all fine, but what worries me is the sale of the estate, combined with his current actions, that something is not right.
thank you all for your input, and help, as it is greatly appreciated!
I feel he is buying time for a limitaion to run out.

 

[nextwife]

Well,
what worries me is the sale of the estate, combined with his current actions, that something is not right. ......

I feel he is buying time for a limitaion to run out.

What do you mean by "the sale of THE ESTATE"? ????? What assets of the estate?

How have you determined that the "assets" are owned by "the estate" and are not joint ly held assets that now belong to the co-owner? Did mom hold assets in her name alone, or as Tenants in Common?

You SHOULD have acted years ago.

 

[DREXEL]

What do you mean by "the sale of THE ESTATE"? ????? What assets of the estate?

How have you determined that the "assets" are owned by "the estate" and are not joint ly held assets that now belong to the co-owner? Did mom hold assets in her name alone, or as Tenants in Common?

You SHOULD have acted years ago.

Nextwife,
if I had a copy of all this info, I would know.
that is why I posted original question about obtaining copy of will!
since death of mother, I have been unable to obtain a copy of will.
house has been sold by stepfather which has refused to give me copy of will, which would/should have had breakdown of sale to be read, I have not been able read details, this is why I posted original question as to how to be able to obtain a copy.
wife and myself were told of intentions after sale of "estate" meaning a 13 room farmhouse with property by my mother herself, without a will to read, I know nothing, that is why I am trying to obtain a copy.
hope this helps clear stuff up.
I DONT KNOW ANYTHING!
(I do apologize for my ignorance in this matter, if I knew these answers, I would not be here asking these questions)

summary:
while parent was alive, stated her intentions, and details after death ( she was terminal at young age)
after death, problems with step father
step father refuses to let me obtain copy of will
stepfather remarries (its ok, its his business)
step father then sells home and does not divulge details to sons, daughters of said mother
stepfather has attorney refuse to release details of will

stepfather has a history of being deceitful to kids
enough said, hope this clears stuff up.

 

[nextwife]

Nextwife,
if I had a copy of all this info, I would know.
that is why I posted original question about obtaining copy of will!
since death of mother, I have been unable to obtain a copy of will.
house has been sold by stepfather which has refused to give me copy of will, which would/should have had breakdown of sale to be read, I have not been able read details, this is why I posted original question as to how to be able to obtain a copy.
wife and myself were told of intentions after sale of "estate" meaning a 13 room farmhouse with property by my mother herself, without a will to read, I know nothing, that is why I am trying to obtain a copy.
hope this helps clear stuff up.
I DONT KNOW ANYTHING!
(I do apologize for my ignorance in this matter, if I knew these answers, I would not be here asking these questions)

summary:
while parent was alive, stated her intentions, and details after death ( she was terminal at young age)
after death, problems with step father
step father refuses to let me obtain copy of will
stepfather remarries (its ok, its his business)
step father then sells home and does not divulge details to sons, daughters of said mother
stepfather has attorney refuse to release details of will

stepfather has a history of being deceitful to kids
enough said, hope this clears stuff up.

If stepdad sold the house, it is likely he and mom owned as Jt Tenants (which is typical for H & W). If so, the house would not have been subject to probate. THis info (how the real estate was held) is also part of the public record. What county? I can see if I can find a link to the RE records

 

[DREXEL]

Thankyou Nextwife,
you or anyone can contact me [email protected]

I am sorry if I came across being blunt, its just the nature of this situation tends to get the blood pressure up, lol and its like there is SO much one wants to say, not enough forum to do that LOL know what I mean?

you or anyone can contact me via this email!