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About Anthony S. Park
Expertise
New York wills, probate, and estate planning.
"Wills" includes advice and preparation of the following documents: wills, powers of attorney, living wills, healthcare proxies, burial instructions, and other supporting documents.
"Probate" includes the following Surrogate's Court proceedings: probate, intestate administration, small estate administration, and most other proceedings.
"Estate Planning" includes planning for the following areas: asset protection, estate tax, income tax, charitable giving, and other wealth planning issues.
Experience
Experience: Anthony Park is an attorney with an active Wills, Probate, and Estate Planning practice located in midtown Manhattan.
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You are here: Experts > Money > Wills/Estate Planning > Trusts & Estates Law > Step Mom Lying?
Expert: Anthony S. Park
Date: 2/21/2008
Subject: Step Mom Lying?
Question
Hi, I live in New York State. My Dad passed away Feb. 6 2007. My step mom was left the house (it was joint) and everything else my dad had. She recently moved to Oregon and plans to remarry march 15 and sell the house that me and my siblings grew up in. My brother remembers a clause in the will that said if she gets remarried then we get the house. When we asked her for a copy of the will or the lawyers name that handled the will her response was "She (the lawyer) can not give you a copy because of privacy laws." Is it true that the children of deceased can not see the will in NY because of privacy laws? I went to the surrogate court the county my dad lived in but they didn't have a copy of the will. My aunt is helping me get a lawyer but I haven't heard anything from the lawyer yet. I would appreciate any advice
Answer
Mike, if the will was ever probated, it will have been filed with the Surrogate's Court. If your step-mom was the joint owner of the house and all other assets, there may not have been a probate proceeding. Also, if the house was owned jointly, then the will would not have any affect on your step-mom's ownership of the house (i.e., the re-marry clause you recall would not be enforceable).
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