QUESTION
Do I need to give my address so my husband''s girl friend (the executor ) can file the probate in court, without a lawyer
Asked on Sep 10th, 2011 on Wills and Probate - New York
More details to this question:
I was separated from my husband for many years because of the domestic violence, I raised our son alone, he did not visit him or supported us financially. When he passed away on April 2011, we have never filed for separation or .divorce. He lived about 5 years with his girl friend at the time of his death, she is the executor, she also is a lawyer and was appointed judge recently. Should I have a lawyer now or should I give her the address so the probate can start in court? I did not see the will yet, and would like to know when and how to start the my elective right, because I might not been included in the will and my son''s entitlement his estate. He is a musician and it is mostly the royalty and the copy right of the original music that he composted. He is a well known Jazz musician. .
1 ANSWER
Matrimonial Law Attorney serving New York, NY
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Law Office of Gerry Wendrovsky
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Obviously, you have the right as a surviving spouse to seek a statutory portion of his estate, namely the 'elective share'. It would clearly help to have an attorney ensure that the process moves expeditiously, and that you receive your fair share, by the timely filing of the notice of your claim as against the will. Further, by filing a 'Notice of Appearance', your attorney would be placed on notice of all issues and developments in the proceeding. Therefore, I would strongly urge you to retain counsel. Your providing your address also puts the court on notice of your residence, affording you another layer of protection.
Gerry Wendrovsky, Esq.
www.upperwestsidelawyer.com
http://www.martindale.com/Gerry-M-Wendrovsky/485563-lawyer.htm?b=Y&opredir=1
http://www.lawyers.com/New-York/New-York/Law-Office-of-Gerry-Wendrovsky-3914135-f.html
Answered on Sep 26th, 2011 at 5:06 PM