QUESTION

My husband passed away in NYS a few months ago leaving everything to me. There is a wrongful death lawsuit pending. His two children are contesting.

Asked on Jun 30th, 2013 on Wills and Probate - New York
More details to this question:
At the time of his death he was estranged for over a year with one of the children and refused to talk to or see her. The other child had a normal relationship with her father. Neither of them provided care for him during his illness. The wrongful death lawsuit seems to be the issue and the reason the children are in opposition to my being named executor of his estate even though my appoint was expressed in his will. My relationship with my husband's children is no good. They are very aggressive and bullying. There was a citation hearing held recently where they failed to show up until after the judge rendered his decision to allow me to be the executor of the estate. Within one hour of the decision, they showed up at court and the judge allowed them two weeks to retain an attorney even though they were aware of the proceeding and served personally. Why would the judge allow them additional time? Do they have a right to current or future assets when it was not in the will?
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
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.
Answered on Jul 01st, 2013 at 8:52 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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