Atlantic City, NJ asked in Estate Planning and Probate for New York

Q: Aunt has not probated gmoms Will. It's been 10 years. My mom was a beneficiary, has since passed. Who gets moms part?

We think Aunt is hiding something that's why money has been with accountant for so long. Although she has access to some ( gave brother and I both check for 13000 each when mom passed and said more to come but 3 years later and nothing) speak to accountant frequently who is holding assets. Aunt just refuses to probate/liquidate. What can we do

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Where is the will, and how do you know it exists or what it says? You and your siblings, if any, get your mom's share. You need to petition the Surrogate, but the form depends upon the current status.

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Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: You can file a proceeding in Surrogate's court and force an Accounting of the Estate, your Aunt may be liable to you if she breached her fiduciary duty and failed to pay you any amounts that you were due and did not receive.

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