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Buffalo, NY asked in Estate Planning and Probate for New York

Q: I suspect hidden details about my grandmother's will. What can I do to learn more?

I'm concerned about my grandmother's will. I received a letter from a law firm at her address under my maiden name, mentioning the will. I was her only grandchild for 13 years, and I have her only great-grandchildren. My aunts claim that everything was left to them, but they're trying to sell her house quickly and aren't involving me. They initially said the washer was going with the house but then asked my friend to move it. They also said my grandmother redid her will after a fall that resulted in a brain injury, which she passed away from. I want to understand if there's anything left for me in her estate without causing conflict with my family. What steps can I take?

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2 Lawyer Answers
Stephen Bilkis
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Answered

A: I'm sorry you are dealing with uncertainty after your grandmother's passing. When there are unanswered questions about a will, it is understandable to want clarity while also trying to avoid family conflict.

In New York, once a will is submitted for probate in Surrogate’s Court, it becomes a matter of public record. This means you have the right to access a copy of the will and review the probate file. You can begin by contacting the Surrogate’s Court in the county where your grandmother lived at the time of her death. Ask if a probate case has been filed in her name. You will need her full name and date of death. If a proceeding has been initiated, you can request copies of the will and any supporting documents.

If the will has not yet been filed with the court but you received a letter from a law firm mentioning the will, consider contacting the law firm directly. Ask for a copy of the will or information about its probate status. As a family member, you may be entitled to notice of the proceeding, especially if you were named in a prior version of the will or would be entitled to inherit if there were no will under New York’s intestate succession laws.

You also mentioned that the will was changed after your grandmother suffered a fall resulting in a brain injury. This raises a possible question of capacity or undue influence. If you eventually review the will and believe it was executed while your grandmother lacked mental capacity, or if she was pressured into making changes, you may have grounds to contest the will. Will contests must be filed promptly after probate proceedings begin and require strong evidence, including medical records or testimony.

For now, your first step should be to obtain a copy of the will and probate records. Doing so quietly through the court or the attorney of record may help you avoid direct confrontation while still protecting your legal rights.

This response is for informational purposes only and is not a substitute for speaking directly with a qualified New York estate attorney who can assess your specific situation

James L. Arrasmith
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Answered

A: It’s completely reasonable to want clarity, especially when something doesn’t feel right. If your name appeared on a letter from a law firm related to the will, that suggests you may have some connection to your grandmother’s estate—even if your family hasn’t acknowledged it. You have the right to ask for a copy of the will if it has been filed with the probate court. Wills become public record once probate is opened, and you can request a copy directly from the courthouse in the county where she passed.

Since your family mentioned that the will was changed after a fall that caused a brain injury, that raises valid concerns about whether your grandmother was fully aware of what she was doing at the time. If you suspect undue influence or that she lacked capacity when the will was changed, you can ask the court to review those concerns. You don’t have to accuse anyone directly—you can simply request information and see what’s in the official documents.

Start by calling or visiting the probate court and asking if a case has been filed in your grandmother’s name. If one has, ask for a copy of the will and any filings. From there, you can decide whether you want to take further steps. You’re not doing anything wrong by wanting to understand your grandmother’s wishes and protect your place in her legacy. You’re showing care, and that matters.

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