My mother passed away 4 years ago and father passed this September, at one time I was the executor and saw their will - Have not had contact with parents since 2007 - Parents owned a duplex house which is paid for and 1 daughter lives on the other side. I heard my father had the will changed to leave everything to the 1 daughter including the house. I sent a cerified letter requesting as legal heir to a copy of the will. The will still has not been admitted for probate ( I check weekly) and I also checked the records to see if she had been added to the deed as she is not. The house is worth approx 150,000 - must this go through probate for transfer of deed? I understand that I can be wriiten out of the will but what recourses do I have. Also, the 1 daughter collected my fathers life insurance and my mother was the only beneficiary listed - this was not changed. This is in New York. Thank you
State/Country relating to question: New York
Sent a certified letter to sister requesting copy of will - I have been checking to see if the will has been submitted for probate.
I was told that I must sign a receipt and release on the assests - is this true?
Checked the county deed - no living trust added and no change on the deed.
Good afternoon. Yes, she will need to probate the will in order to get the property transferred to her name. You do not need to sign any release of assets. You can be written out of the will, but you could contest this based on lack of requisite mental capacity, duress, fraud, coercion or undue influence.
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As legal heir you are saying that I do not have to sign a receipt and release. I was told by 2 attorneys that as legal heir I must sign and agree to the terms.
You are entitled to whatever you were left in the will. You don't have to sign any release of your rights. You will need to sign a receipt for what you received so you can't later say you didn't receive it, but you do not have to release anyone from anything.
29 Years Practicing Law - Including Tax and Estate Planning
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