Legal Question in Wills and Trusts in New York
What can I do?
My father passed away and here is what the will says
I here by name and nominate my twin daughters (names given)residents of Westbury New York to be the coexecutrixes of this,my last will and testament,and I direct thata they not be required to give anybond to act assuch or to file any inventory of my property with any court,nor to apply to or obtain any order of any court in any way or manner,exceptto have this ,my last will and testment ,duly ,legally and properly probated,and that there after there shall be no proceedings what so ever,in any court relative to the handling of my estate or the settling of the same in any manner.
I give devise and bequeath unto (son's name)one dollar. My brother who my father left a dollar to is trying to get the sheriffs to set me out of the house my father owed in which I lived there with him. And helped take care of him till his dieing day.This will was drawn up in alabama as stated it is a dual will.Can my brother who owes my father $50,000 and haven't heard from him in 20years till my father was about to die contest this will or has any grounds to have the sheriffs come and set me out.I am currently paying the mortage and the taxes by myself? Do I need a lawyer?
2 Answers from Attorneys
Re: What can I do?
First, anyone who could possibly inherit can contest a Will, but that does not mean they will be successful. From what you provided, I agree with Rudolf but one can never tell what a Court may decide. I also suggest retaining a good, local estate attorney to assist you, not only in the probate of the Will but also in defending any claim that may arise. If you have proof of the $50,000 debt, go after it and by doing so maybe the matter will end without a contest.
Re: What can I do?
I am assuming that your father died a resident of New York. What you need to do is to have the Will admitted to probate in the Surrogate's Court and have yourself and your sibling appointed Executors. As for what your brother is trying to do, he does not have the authority to have you removed from the house unless his name is on the deed. Given the complexities of your case, I strongly urge you to retain the services of an experienced estate attorney. Feel free to contact me if you want to discuss your situation in more detail.
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