Legal Question in Wills and Trusts in New York

Fathers Estate distributed to four sons

My Fathers estate is be contested by two of my four brothers. The will states that all Realstate and automobiles goes to his surving stepmother. My father had his own bank, CD , invest accounts separate from my stepmother. Two of the sons in the will want to investigate other assets, such as other realstate that they both owned and was sold prior to my father passing away. They are determined to try to find out where money went from the sale of rental house. Two of the sons feel that they dont want to go any further with the legal process trying find out if there is any other assets not accounted for. What action if any do I have to take to be excluded from this investigate action and legal fees. Also do this leagl fees come from the total distribution or from the contesting. My stepmother is holding personal items of my father and family as collatoral for signed letters of the estate.


Asked on 5/07/06, 9:42 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Fathers Estate distributed to four sons

This is a difficult situation and you may never know what the 'right thing to do' is.

To avoid liability for legal fees you need only not agree to the contesting of the will. However, if the contest is successful, the fees may come out of the estate, but you will benefit from the increase in the value of the estate.

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Answered on 5/12/06, 3:59 pm


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