Legal Question in Wills and Trusts in New York
My father and his second wife lived in the Buffalo New York area. My father died with a will naming me and my brother executors. Our step mother refuses to acknowledge the will, took all of the financial assets and has refused to allow us anything else from his estate - a fairly significant collection of art, books and other family items. We have told her that we are going to probate the will and we would like the records in order to proceed. We have been told by her daughter that they destroyed all of the records and they intend to keep everything else. We know there are accounts she cannot get to because his children are named as the beneficiaries but we found out that she has filed in surrogate court saying that there is no valid will and she is claiming those monies as well. We don't have the money to fight a battle especially if she has already taken the assets necessary to pay for the legal work. Her children have admitted that our family belongings have been divided among them. What should we do?
2 Answers from Attorneys
Find counsel who will work with you. Perhaps on a contingency fee arrangement.
I agree with David, or try Legal Aid or, possibly, a Law School near you that has a pro bono program. You need to act quickly, to avoid the possibility of having your claim time-barred.
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