I'm not so sure about there being no evidence for the probate court visit and I'll try to explain why...
In Manhattan Surrogate Court, you have to physically go to the court house to obtain probate records. You fill out a paper request with your basic information and physically hand the request and your ID to a clerk behind a wall of windows (like a bank) to get the documents. Not all assets are available even with the court file-more on that below in
blue.
The NY Surrogate Court will release the file to you
for your review and only on-the-spot viewing/copying.
The actual will is the Court's copy and you will not be allowed to take anything out of the court file with you. There are copy machines within eyesight of the clerks window where you can take the file, copy it yourself, and return the file to the clerk (hence, leaving a record of your presence as well as your ID). I see two possibilities here for Weinstein finding out about the visit; 1) He or the Farber's estate atty asked the court and/or clerk if there is a record of anyone viewing the file (I always think Weinstein is 1 step ahead) or 2) It is possible that MT was seeking documents that she and FD weren't sure how to obtain (going to the courthouse was a phishing expedition), and as a result could have had no choice but to ultimately request the information from the estate attorney (likely a Manhattan atty). I wouldn't put it past FD to be bold about obtaining the docs nor see him being hesitant about believing he has a right to see them.
Regardless of MT testifying, I think the financial motive will come out in trial, and proof of MT obtaining or even attempting to review the Farber family estate records would be in my top 3 of star 'witnesses'.
Additional links about the process below:
How Do I Find Out The New York Probate Status of a Will?
There are several ways to find out the probate status of a decedent’s will in New York. If someone filed the will with the Surrogate’s Court, then it is a matter of public record. By going down to the Court and paying a fee, you can request and obtain a copy of the probate file of the decedent.
[...]
If the person who died had assets that were not required to pass through probate, then it may not be necessary for there to be a probate proceeding – their assets would pass to the beneficiaries and heirs outside of the probate. Assets that pass outside of probate are not public record. Assets that pass outside of probate are typically assets that are held in joint ownership or have a designated beneficiary. Examples include real estate, bank, stock and other financial accounts, title to motor vehicles or other vessels, life insurance policies, 401(k) and different types of retirement accounts. Property that a decedent transfers to a trust is passed to the beneficiaries of the decedent at the decedent’s death outside of probate as well and is not of public record either.
As part of Manhattan probate process and probating a will in Manhattan, you need to file an inventory of the estate within six month of being appointed as the personal representative. The inventory’s main feature is a list of the assets that you were able to find. (IMO, the will and inventory of assets was MT/FD's main goal)
How Do I Find Out The New York Probate Status of a Will?.
NY COURT LINKS
Probate
The Executor files the original Will and a certified copy of the death certificate with the probate petition and other supporting documents in the Surrogate's Court in the county where the Decedent had their primary residence. [...]
Probate | NY CourtHelp
Last Will and Testament
A Last Will and Testament is also called a Will. A Will is a written statement of what a person wants done with their property after they die.
A Will can have directions for how property should be divided and names an Executor to carry out those wishes. Wills can also appoint a guardian for their children.
The Will must be filed in Surrogate's Court and admitted for probate before the wishes of the person who died can be followed.
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.
When Someone Dies | NY CourtHelpwill.shtml
MOO
IMO.
