Wills & Trust

[iwilliams]

New York State. I have several questions regarding the laws of New York State with the Will's & Trust. My brother passed away February, 2005. My sister had informed be that he mentioned to her that he left me and my daughter some money.Apparently his wife was assigned trustee about a month ago.

Does this mean that whatever my brother had wished to give to me upon his death his wife could change and keep it for herself if she wants to?

Also, does it take this long to open the "Will". How can I find out if my brother left me anything? Is there any way of finding out this information? Or I am out of luck?

 

[BelizeBreeze]

The executor may not change the will. However, 30 days is a short time in probate, especially if your brother had varied assets.

If you are that concerned, contact the probate court where your brother lived (usually in the county courthouse) and ask if Probate has been opened. if so, then ask for a copy of the will.

 

[Dandy Don]

It is possible that he had both a will and a trust, or he could have put all of his assets into the trust only.

The will is public information and if it has been filed at the county courthouse surrogate court, you can contact the court and get a copy of it there.

The trust will be administered separately from the will and is a private document. You can contact the trustee by certified letter to ask if you are a beneficiary and to also request a copy of the trust. She is probably busy managing the affairs of the trust and will probably notify you of your inheritance within a few months if there was one.