Legal Question in Wills and Trusts in New York

I am a Beneficiary. My Rights?

Six months ago my father calls me and says I, and my cousins, are beneficiaries to an intestate will of a second aunt I have never heard of. He didn't know how much the estate was worth. He said a lawyer would be sending me something to sign. I got a form that said I agree to appoint my cousin executor. (I do not know this cousin well at all but my family pressured me to sign.) I signed and have heard nothing since. Recently I asked my father if he heard anything. I said ''I think I have rights and maybe I should call the lawyer who sent me the letter''. In fact maybe I should find out exactly what deal my cousin cut with the lawyer''. My father got angry and said ''Don't you dare. Your cousin has had to do so much work on this. This process takes a long time. You call and make a fuss and YOU''LL have big problems''. I just want to know what going on. Don't I have that right? Am I being to self-centered here?


Asked on 12/14/07, 8:27 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: I am a Beneficiary. My Rights?

Something does not sound right to me. Intestacy is dying without a Will and there is a statute that sets forth the order of inheritamce. Nieces and nephews do not inherit before brothers and sisters, except if a brother or sister predeceased the person who died. This presumes there are no spouses, children, grandchildren or parents. Presuming you are entitled to inherit, you have the right to be advised what is going on and an accounting of the estate. By six months you should have heard something, even if the estate is complicated or involves potential death taxes, which could extend the time for settlement beyond a year. I suggest contacting the attorney for the estate and asking for a status report. Attorneys are used to getting these type of questions, so it should be a problem. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/16/07, 11:34 pm


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