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lwpat
lwpat, Attorney
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my father died recently. I just received a copy of his will

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my father died recently. I just received a copy of his will and a request from an attorney to sign a document probate can be avoided. It leaves 1/4 shares to his four sons except for bequests of $10,000 to each of his 6 grandchildren. I don't know the extent of his estate. At one time it was around 1/2 million but since then the market has declined and he spent almost a year in a nursing home. My brother is the executor and he is not very forthcoming about anything. If my father's entire estate is $60,000 then I would get nothing. If it is less than $100,000 then I end up with less than the grandchildren. How can I find out what the value f the estate is before I sign anything? My belief is that at the time of his will each of us, his sons, would have received around $100,000 and thus the 10K to his grandchildren would have, in his mind and in those circumstances, been fair. If the situation has changed can the will be changed?
Submitted: 3 years ago.
Category: Legal
Expert:  lwpat replied 3 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I am very sorry for your loss.

If the situation has changed can the will be changed?

No you cannot change the will.

My brother is the executor and he is not very forthcoming about anything.

That usually means that the person has something to hide. Often those in charge manage to shift money to themselves. Otherwise they would provide you with any information that you request if the request is reasonable. In this case you are entitled to a copy of the will and the initial accounting of the estate and the expenses that have been paid.

I don't have money to pursue this if there is nothing to be accomplished.

It can be expensive, especially in NY. However, that is a decision that I cannot make for you. Good luck to you and thanks for using JA.

lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience: Actively practicing trial attorney
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lwpat
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