Can i see my grandmas will
If your Grandma's will was not probated and you know who has it, you might consider writing a letter to that person similar to the following:. You are in possession of, or know, the location of the Will. Although I have requested a copy of the Will from you I have not received one. As a grandchild of the deceased, I am entitled to a copy of the Will. In addition, the Will should be admitted to probate and is not effective until probated. No property should be sold or disposed of until the Will is probated and then only in accordance with the terms of the Will and laws of the State of New York in reference to the procedures and authority of executors to dispose of property.
Please provide me with the requested copy and I will contact you to discuss how you intend to handle the estate. The production of a will for probate immediately after the testator's death or within a stipulated time thereafter by the person who has custody of it, is enforceable in a number of jurisdictions by statute. Failure or refusal to comply with such requirement is frequently punishable by fine, imprisonment, forfeiture of rights under the will or other punishment.
The remedies and forfeitures thus created are generally for the benefit of persons interested in the estate of the decedent. Proceedings seeking to compel production of a will for probate are generally independent special proceedings distinguishable from proceedings used to discover the location of a will. The petition to compel production of a will for probate should be initiated by a person knowing the facts, and it should show petitioner's interest in the estate, the jurisdictional facts of death and residence, and the facts of execution and custody.
Your state may have a law making it a crime not to file a will. The rule of thumb is only the original copy of a will is valid.
The original is what must be filed with the court. Most people make copies of their will though. A copy of a will may be admissible in court if the original has been destroyed by a fire or flood or if the original has been unintentionally lost by the testator.
If the original will was purposely destroyed or thrown out by the testator because he or she wanted to revoke that will , the copy is not valid. A certified copy is useful for filing other legal papers such as to transfer title of assets. Locating a will can take some digging, but with diligence and careful research you should be able to obtain a copy of the will you are looking for. Contents 3 min read. Brette Sember, J. Last Wills. While most wills are upheld in courts, there are four main legal reasons that a will may be overturned.
The executorship of a will comes with a lot of responsibilities and duties. Here are the basics so you'll know what to expect. With careful planning, probate can sometimes be avoided. Still, probate doesn't have to be a scary process. Because an estate cannot be distributed to the beneficiaries until the will is probated, the length of time of the probate process directly affects beneficiaries. You want to make sure you have all your assets covered, but did you know that not all property can be bequeathed through a last will and testament?
Determining whether an estate has assets that are not subject to probate can save you time and money. Here are several types of assets that qualify as non-probate assets. Knowing what probate actually involves will help ease your fears about the process, one that isn't always as complex as you might think. The "next of kin" concept isn't complicated, but it does vary by state and also determines who inherits if you die without a will.
There are millions of dollars of forgotten funds waiting to be claimed. The love of a grandma is unique. God must have given grandmothers to us to liven up our lives, to make our lives more complete, to make us well rounded and better human beings.
She played a big part in my childhood and I can remember so many times sitting in her kitchen and tasting the dishes, she prepare with special love. She taught me a lot about love and the meaning of family..
We will miss our Grandmother, but her spirit and strength, lives on in each of us and in the lives that she touched.
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