If my mother was awarded 16k in her dad’s Will, is it legal for her brother to hold it from her?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
Mark Siegel / Law Office of Mark A. Siegel
Answered 12 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.
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.