If mother passed away, how can I find out if a Will was filed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If mother passed away, how can I find out if a Will was filed?

If there was no Will, what are my rights to her assets? I am the only child. She divorced my bioligical father 20 years ago. She has re-married for about 20 years. I was told that I am also the beneficiary of an insurance policy or two. How do I find out all of this information?

Asked on October 15, 2013 under Estate Planning, New York

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

LICENSED IN NEW YORK.

If you are asking if a probate case has been opened, you should check with the Surrogate Court in the county where your mother resided.  You may have to open up a probate case even if you are the sole heir.  You should go to the NY State Surrogate's Court website.

You don't necessarily need an attorney to handle the matter.  It all depends on the complexity of your mother's estate --  http://www.nycourts.gov/courts/7jd/courts/surrogates/proceedings/probate.shtml

 Forms are online for your convenience.  http://www.nycourts.gov/forms/surrogates/probate.shtml

 

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Wills do not get "filed."  Since your mother died intestate (without a will) your state's intestacy law will apply.  Here in Arizona where I am, her husband would get everything.  However, under New York law, her husband get the first $50,000 of her estate and if there is anything left, you two split the remainder.  However, this is separate and apart from insurance policies with named beneficiaries.  You need to file claims with the insurance companies that wrote those life insurance policies.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption