Full question:
My Grandma had a will and we saw it about 1 year before she died. We think it was changed by one of the siblings. She died about 3 years ago and the items that were on the original Will were sold. Some of those items should have gone to me, according to the original Will. How do I get a copy of the Will now that she is dead? If the Will was not changed and those items were supposed to go to me, how do I take legal action?
- Category: Wills and Estates
- Date:
- State: New York
Answer:
Was your Grandma's will ever admitted to probate? Probate is a legal process that starts with a petition to open the estate and appoint a personal representative to manage the deceased's property. After this, an official Notice of Creditors is published in a local newspaper, and Notice of Administration is sent to interested parties. Creditors then have a specific time to file claims. The personal representative can pay debts and distribute the remaining estate. Finally, a petition for discharge is filed to close the estate.
If the will was probated, you can obtain a copy from the Surrogate Court in your county. If the will was not probated and you know who has it, consider sending a letter like this:
Dear __________________:
As you know, ________________________ passed away and left a Will. You are in possession of, or know the location of, the Will. Although I have requested a copy, I have not received one. As a grandchild of the deceased, I am entitled to a copy of the Will. Additionally, the Will must be admitted to probate and is not effective until it is probated. No property should be sold or disposed of until the Will is probated and then only in accordance with the Will's terms and applicable state laws regarding executors' authority to sell property.
Please provide me with the requested copy, and I will contact you to discuss how you intend to handle the estate.
Thank you.
Sincerely yours,
Name
In many jurisdictions, failing to produce a will for probate can lead to penalties, including fines or loss of rights under the will. If necessary, you can initiate a petition to compel the production of the will, showing your interest in the estate and relevant facts about the death and will custody.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.