Q: Mother passed away in NY 18 mos ago. Sister is exc. Refuses to move forward or give info to benef. How can I force her?
Small estate. House $700K. Life insurance and stocks. Will gives me 1/10 of house, 1/5 of stocks, 1/5 life ins, 1/5 checking account. Exec plans on waiting to probate for 10-20 years so younger brother can live in house and not have to buy us out.
(1) how will I know if she began probate and has been appointed as Exec?
(2) is there a time frame that she must adhere to for probating the will?
(3) i am a person with little means and cannot afford $350/hr for an atty... can I force her to move forward on my own by filing some forms with the Court?
THANK YOU!
A: Your questions are unclear. If the will is probated then you can petition to compel a distribution with the Surrogate. If the will is not probated, how do you know it exists? Then, you should bring an administration proceeding. That will give you a bigger share or force your sister to probate the will. Can you do it yourself? Not likely but go to the court and talk to the clerk.
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