Legal Question in Wills and Trusts in New York
executor appointment
Mom died in June 05 and my Stepfather died Aug 05. He was named executor in my mothers will but never filed the will to probate before he died. I was named 2nd executor of my mothers will. Now his kids say everything is theirs because his daughter is executor of his will and they say everything belongs to their fathers estate. My mothers name is the only one on the deed to her property and he got life time use of it. My stepfathers laywers said the estate of my mothers was going to sign a deed coveying the property to me and my siblings subject to my stepfathers life estate. His laywer had the paper work for him to sign but he got sick and died. (we have copies of all the paper work and Also she had a savings account in her name only which my stepfather agreed belonged to my mothers children. We have all the coraspondance from his laywer stateing all this. Now his children have hired lidigators who say everything belongs to his children and we get nothing, Is this true? I am trying to be appointed executor of my mothers will. They got their fathers filed to probate and threw my mothers whole estate in there and it got acepted, Our mothers still has not been excepter. What can we do. Please help. Thank You
3 Answers from Attorneys
Re: executor appointment
Dear sir or madam:
Do you have the original will, or do you know who has the original will? Do you know the general terms of the will?
I suggest you contact an estate attorney as soon as possible to protect your interests in your mother's estate.
You may contact my office directly at [email protected] for a consultation.
Anthony S. Park
Re: executor appointment
Your mothers property, including her house, will pass in accordance with the terms of her will. You do not state it's terms. If you are a beneficiary under that will your stepfather's death should not affect your inheritance.
Feel free to contact me for more information.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.
Re: executor appointment
Assets held individually by your mother pass pursuant to her Will. If the husband never probated the Will it can be probated now. You will be entitled to be appointed. The terms of her Will should control the disposition of her assets. There is a possibility that the husband's estate may have a claim, based upon statutory rights of a surviving husband, to part of her estate. Since this was a second marriage, was there any premarital agreement? If not, you have to make a comparison of the estate values, to determine if the surviving husband's estate has any claim. Depending on this answer and the terms of her Will, you should be entitled to something. More information is needed to give you a better answer.
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