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My father passed 6 months ago and all property was in his name. His wife has yet not filed for probate. Is there a time limit?
Second question: Do you have to have an original will to file in surrogate court? The day he found out about his terminal illness, he drafted a will with an attorney, but took the original and never filed it. His wife can not find it, so I believe he destroyed it.
Last question: In New York, if there's no will, all properties go to the spouse and siblings. Since the rental property was still in my deceased fathers name, are the siblings entitled to the rental income that the spouse is collecting? Also, are his children entitled to use the property (lake house) until a court decision?