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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default When Beneficiaries Appear to Have No Rights

    My question involves estate proceedings in the state of: New York.

    As briefly as possible: parents had mutual will. executor convinced them to transfer their real estate while they were still alive. they said all of their kids and grandkids would be treated "fairly and equally," including substantial amount of money to me and savings bonds for kids. various personal items were also designated in will. parents both passed away, and I heard nothing for around 2 years, at which point executor sent note saying there'd been no reading of the will and there was "nothing left" for the rest of us. All the Surrogate's Court clerk would tell me was nothing was ever filed with the court.
    I'm in a different state, and NY attorneys won't even reply to my inquiries-- including my parent's attorney. It would seem I should have the right to know what happened to all of their personal possessions, financial assets, etc.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: When Beneficiaries Appear to Have No Rights

    If probate hasn't been opened, there is NO EXECUTOR. Get yourself a lawyer and submit the petition.
    There is no "reading of the will." That's a hollywood device.

  3. #3

    Default Re: When Beneficiaries Appear to Have No Rights

    Yeah,I remember the movie Hawaii,where Charleston Heston cameback from playing sea captain and sat around the table with the deceased lawyer and the squabling members of his family!
    The one who is appointed executor in your parents will will have to apply to become an executor and submit the will to be probated .
    Until he has been approved by the probate court,he aint no executor.
    Have you ever seen a copy of the will?

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