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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35293
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My father just passed. his third wife informed me that he

Customer Question

my father just passed. his third wife informed me that he does have a will, but she would not give me a copy. with his death being in Ny and my silings and I are scattered in different state, where do we have to file for the contesting?
JA: Has anything been filed or reported?
Customer: idk, but we were able to find out the the house was in both his and my mother name up until a month ago. he was put in hospice at the end of September . the house was not signed over to his third wife until oct, 19 of this year
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Anything else you want the lawyer to know before I connect you?
Customer: he worked for the department of corrections for 20 years before being medical retired in the late 90's while my mother was still alive. does the third wife entitled to that at al.?
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Any will contest would have to be filed in the local Surrogate court in the county where father lived as that is the court that would have jurisdiction.

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Once the probate case is filed, the will would be filed along with it and everything becomes a public document so anyone can get a copy of it from the Surrogate court clerk.

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If the wife files a will for probate and opens a probate case, then that is the time that you would file any will contest if you have grounds to challenge the validity of the will.

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thanks

Barrister