Spring Brook, NY Estate Planning Law Firms & Lawyers

You should speak with a probate attorney. Your aunt's estate probably needs to be probated in the State where she resided to obtain an order in favor of your mother. If her estate was already probated, you will probably need to reopen her estate to address the inheritance. Since your mother had not put the inheritance in her trust before death, you will probably need to probate her estate as well to fund the trust. If her estate was probated already, you will probably need to reopen it. Since she had a trust you may have avoided probate in the past, but this new asset will need to be probated.

The executor should change the locks if others have access to the home. He may be responsible for loss or damage. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

To show that your father does not have legal capacity to make a Will, have him examined by a neurologist or other physician who completes a Physician's Certificate of Medical Examination or equivalent NYS document.  Note that some people in the early stages do have capacity to create a Will:  a statement that someone suffers from dementia or Alzheimer's is insufficient.  Note also that your father is under no obligation to tell any or all of his children what he is doing.