Daniel Rubin Quoted in MarketWatch’s The Moneyist

If there is a will, your late father’s attorney should have a copy. If the will says your sisters inherit your father’s entire estate — unlikely, given that they refuse to show you a copy — they should have no problem filing the will with the probate court. If not, your father’s estate will be divided among his three children.

With your mother already having predeceased your father, “the law of intestacy provides that each of the children (and the descendants of any predeceased children) would be entitled to a share of the father’s estate,” says Daniel S. Rubin, a partner at Farrell Fritz in New York City.

This is relevant because you will be entitled to receive a citation in connection with the probate of your father’s will, he says. “If the will is voluntarily presented for probate, or absent a voluntary probate of the father’s will, the son can himself petition the Surrogate’s Court to compel production of the will,” Rubin adds.

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