New York Probate Legal Questions

First, you should consult with an attorney to discuss, and ignore what any non-lawyer tells you- from the language that you have quoted, it would appear that you as grandchild 'step into the shoes of your father', and are entitled to his share of the estate. Retain an attorney NOW and do not sign anything!   Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer   www.upperwestsidelawyer.com    ... Read More

No one usually files a will until a person dies, IF there is property to probate. Call or contact the county Register of Wills where she died and have them run a search. it may be that the will was never filed. If it was filed, an estate may have been opened and you can look at those records to see if you were to inherit anything. if no will was filed you can see if she had an attorney and contact him to see if he has a copy or the original. Beyond that, its difficult to find an old will if it wasnt filed. ... Read More

Simple answer to your question, whether your father can make a Will, disinheriting you and leaving all his assets to your sister -- YES.  However, you should consider whether your father was unduly influenced by your sister, whether there was any fraud or duress in making that decision.  You can hire an attorney to investigate whether everything was done properly before the Will is ultimately probated.  ... Read More

You would not be personally liable, unless, and that is a possibility here, you acted irresponsibly in connection with your role as Administrator. That would require a review of the acts that you undertook in this matter once appointed. Gerry Wendrovsky, Esq.- Upper West Side Estates Lawyer www.upperwestsidelawyer.com... Read More

It seems like your brother is the nominated executor --  according to your brother.  The will should be filed with the Surrogate's Court in the county where the decedent resided.  Your brother is NOMINATED executor, and just that.  Therefore, he does not have distributive powers until the Court grants him what is called Letters Testamentary.   So the answer to your question is yes, your brother should file the Will with the Court.   Now, the real question is, since he is not doing that, what do you do as a person interested in Decedent's estate?  You can try to file for Letters of Administration and then your brother may be forced to produce the original will.  ... Read More

If your father died as a Florida resident, as his daughter, you are one of his heirs.  If he had a will, the will determines the distribution of any assets he owned at death.  If he did not have a will, then you and any other heirs will be entitled to the distribution of his assets.  The intestacy statute (no will) provides that his assets be divided one half to his surviving spouse and one half to his children, in equal shares for each child.  If there is no surviving spouse then the children receive 100%, divided into equal shares for each child.  The distribution will be of all assets owned by your father at his death, subject to creditor claims and administration expenses.  Ifyou have siblings, then you are entitled to recover from your father's estate the cost of his final arrangements. In addition to his probate estate, you may be a beneficiary of one or more of his life insurance policies, which is the likely reason that the insurance companies have been contacting you.  Typically, to recover the life insurance benefits, you will need to provide the life insurance company with a copy of the death certificate and complete their claim form. You should contact a Florida probate attorney to determine what action may be necessary in Florida to protect your interest in his probate estate.    ... Read More

This question raises a multitude of other questions, is far too complex to be addressed in the context of this forum, and truly warrants a consultation with a qualified estate attorney, who can review the assets of the estate, and provide the writer of this question, who appears to be a beneficiary, with a full understanding of his or her rights and those of her siblings. It is also possible the beneficiaries may need to retain counsel to protect their interests. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More

under PA law, you would be the presumed first pick as executor as wife. you should win that battle even if the kids lawyer up. unless they can prove with medical evidence that your husband was incompetent when he did his will, you should win the will contest too. from how you describe them, they sound like loose cannons and will eventually fade away. you should have counsel.... Read More