If my mother was awarded 16k in her dad’s Will, is it legal for her brother to hold it from her?

UPDATED: Aug 23, 2012

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If my mother was awarded 16k in her dad’s Will, is it legal for her brother to hold it from her?

Her father’s Will has nothing in it stating he is in control of the money. Yet she is moving and asked for it and he refuses to give it too her.

Asked on August 23, 2012 under Estate Planning, New York


Mark Siegel / Law Office of Mark A. Siegel

Answered 10 years ago | Contributor

You did not indicate whether the will was probated in Surrogate's Court. If your uncle was named executor under your grandfather's will, he may have had letters testamentary issued to him by Surrogate's Court, as executor of the estate.

If your mother is a distributee under the will, she is entitled to be served with legal process in a probate proceeding under NY law. I suggest your mother contact the Probate Clerk's Office in Surrogate's Court (in the county where your grandfather resided at the time of his death) & ask if a probate proceeding was commenced. She may also have the right to oppose an executor's refusal to distribute a specific bequest made to her under the will & ask the court to direct that the property left to her under the will be distributed to her. Your mother should consult with an attorney who practices in this area of law.

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