Legal Question in Wills and Trusts in New York
Dad deceased 2ys ago. Dad left last will and testmony, There are 4 sibblings, Dad left me executrix
of his will. One of my sibbling said she's contesting the will, however she has been in court 3 or 4
times without a lawyer, the last 4 times the judge told her to get a lawyer..but she still comes into
court stating she can't afford one. How long can she keep coming in to court with this line of BS. I'm
trying to wrap this estate up, I need to be appointed executor of my dad estate. This sibbling is my
younger sister, who is jeaalous that dad wanted me to be executor. I know she's laughing at me
Now this time will be 5 times going to court with the same line, I can't afford a lawyer, how long will the judge let her keep getting away with this ? holding up me from being executor. Thanks !!! Do I have any recourse. I have a lawyer handling this case for me, but I keep hearing the same
story, your sibbling came to court with no lawyer, claiming she can't afford one, bologny. What
ca I do. My lawyer is very expensive...I ran out of money. Thamks Joeann
2 Answers from Attorneys
You cannot afford not to have lawyer. The judge cannot make you wait forever. Make a motion to dismiss her will contest claim.
I agree, and have your attorney insist on a hearing, whether she has an attorney or not. Also, the executor's attorney is paid by the estate, not you personally, so if you win and your sister's case is thrown out, all heirs lose since the fees will be an expense to the estate. Maybe the other siblings, knowing of her actions and the costs she is incurring, will get her to withdraw her claim. You might also consider charging her with a frivolous suit and holding her responsible for any loss the estate incurs by this delay. 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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