New York Probate Legal Questions

I was all set to recommend that you file a petition for guardianship of your father, because this sounds like a possible elder abuse case, but then I re-read what you wrote. So let me understand this, Brian. Your stepmother possibly caused your terminally ill father to almost drown himself, fights with him all the time, may have taken him out of hospice against medical advice, and you're worried about... preparing yourself for probate? In case you get cut out of his will?  You SHOULD get cut out of his will. What have you done to help get your father the best care? Who, other than your stepmother, helps care for your father? Caring for a Parkinson's patient is a physically difficult, emotionally trying and very labor-intensive task. Unless you've left out a great deal of information that involves your history of caring for your father properly before your stepmother came into the picture, and your further attempts to do so being actively thwarted by her, when the time comes for probate, you will never be able to prove your father was unduly influenced by your stepmother if he cuts you out of his will. Start getting actvely involved in your father's care immediately by offering to help your stepmother, and thank her for her efforts. If she prevents you from participating in your father's care, get your local Adult Protective Services agency to pay your father a visit.  And if elder abuse is present or suspected, you will need to figure out a strategy for protecting your father. That may involve filing a petition for guardianship if he doesn't consent to allow you to manage his affairs.   Otherwise, if I were you, I'd prepare myself for probate by getting a second job.... Read More

If your sister is guardian, she can seek an order in the guardianship revoking all wills.  This is actually pretty standard.  A will cannot be contested until someone is dead, and someone files the will.  If you have the original, you can have it revoked by having your uncle destroy it.... Read More

Letters and a death certificate.  If this is all there is, and you have not filed the will yet, skip the will and for $1 file a Voluntary Administration with the Surrogate's Court.  The clerk will help you.  Bring the account information for the order from the court.  They do it while you wait.... Read More