In Queens, New York, individuals who believe they are heirs to an estate or have a vested interest in a will can make a legal demand to produce a copy of the will from the executor or the person in possession of the document. This demand is aimed at obtaining crucial information about the distribution of assets and ensuring transparency in the probate process. The demand to produce a copy of the will falls under the jurisdiction of New York State law, specifically the Surrogate's Court Procedure Act (SPA). The act sets forth the necessary steps and requirements for making such a demand, providing a legal framework to resolve any disputes that may arise. There are different scenarios in which a demand to produce a copy of the will may be made in Queens, New York: 1. Demand from an Heir: When an individual believes they are entitled to inherit from the deceased, they can demand a copy of the will from the executor or the person in possession of the document. This demand allows the heir to ascertain their position in the distribution of the estate and ensure their rights are upheld. 2. Demand from an Executor: In some cases, an executor may need to produce a copy of the will to another interested party or beneficiary. This may be necessary to demonstrate compliance with the terms of the will and to maintain transparency throughout the probate process. 3. Demand from a Person in Possession of the Will: If someone other than the named executor has possession of the will, an interested party may request that person to produce a copy of the document. This demand can help establish the authenticity and validity of the will, ensuring that the rightful beneficiaries are identified and included in the probate proceedings. To make a demand to produce a copy of the will in Queens, New York, the interested party must follow the guidelines outlined in the SPA. They need to file a petition with the Surrogate's Court in the county where the deceased person resided, providing evidence of their interest and explaining the reasons for the demand. The court will then review the petition and may issue an order to produce the requested copy of the will. It is crucial to consult with an experienced estate attorney familiar with Queens, New York, and the SPA to navigate the legal intricacies of making a demand to produce a copy of the will. By doing so, individuals can ensure their rights are protected and that the probate process moves forward in a fair and equitable manner.
Queens New York Demand to Produce Copy of Will from Heir to Executor or Person in Possession of Will
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FAQ
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
After 1787 in New York State. Since 1787, wills and other papers relating to the estates of deceased persons have been filed in and retained by the Surrogate's Court in each county of the state.
Yes, beneficiaries are entitled to a copy of the will. In fact, in New York, in the petition for probate in Section 7a, all the beneficiaries are listed together with their addresses and the nature of their interest.
It is common for beneficiaries to ask to see a copy of the Will. It is however your discretion as Executor whether or not to disclose it to the beneficiary.
A (relatively) quick way to compel a lazy or unhelpful executor to account for his activities is to apply for an order that he/she exhibits an inventory and account in respect of the administration. This should be done by applying to the Probate Registry by a claim form supported by an affidavit.
Executors' year However, many beneficiaries don't realise that executors and administrators have twelve months before they are obliged to distribute the estate to the beneficiaries. Time runs from the date of death.
Getting a copy of the will when probate has been granted When probate is granted, the will is kept by the Probate Service and any member of the public can get a copy. If you want to search for the will of a person who died recently, you can apply to the Probate Service for a standing search to be made.
The answer is that, in New York, there is no statute of limitations on probating a will. In fact, I have probated wills which belonged to a decedent who had passed more than 25 years prior. However, it is generally advisable to do file and then probate a will as soon as possible.
Wills are a confidential document until the person dies. Once the Will is admitted to probate or a small estate, it becomes a public document that anyone can see and read.
Typically 9 months. Estate settlement (also known as estate administration) is the phase during which you, as the court-appointed executor, must collect the estate assets, organize and pays debts, and file all final taxes.
Interesting Questions
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Some of the most commonly encountered include the internet, the cloud and the smartphone.” For more background on executor ship, check out the book The Will Revolution by Paul N. Minsky, published by O'Reilly in 2013. The short version is that in California, where franchises are owned by private companies, the NBA has a long-standing practice of putting the will of the deceased out for bidding before the franchise's board of directors meets. After business associates bid on the will, the board approves the winning bid and then hands it over to the executor. The owner of the company can then amend the will after the board votes to approve the changes. This is not a “quick and dirty.” This is a lot more work.
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