Legal Question in Wills and Trusts in New York
Help for executrix and sole beneficiary
My father died on June 30th, widower of 15 years, never remarried, with a 1992 will naming me (the only child) the executrix and sole heir to his very small estate: only about $12K in bank accounts, and his home, which was appraised for tax value at $50K. The original will was filed with his lawyer, who has since died and the lawyer's business partners took over all the remaining accounts. The new lawyer now in charge of my dad's case says that before I can be considered the heir of my father's home, the lawyer wants an objective third party who knows our family (not a relative) to speak with him and sign something attesting that they have nothing to gain from the estate and that I am my father's only child with no other beneficiaries. I find this request bizarre, especially since the will simply stated that all assets and property be left to me. Due to this odd request, I can�t find a person outside of the family who�s willing to commit to this rather important task. Does this lawyer have any legal grounds for this request? Most of my father's old friends are dead now, and those that are left have refused to testify in my behalf because they've never heard of such a thing! What do I do?
2 Answers from Attorneys
Re: Help for executrix and sole beneficiary
In New York State when there is a sole heir this is a normal requirement of the court.
Re: Help for executrix and sole beneficiary
This is not the lawyers request. It is required by the court. You attorney should draft the document once you locate the person.
Daniel Clement