Legal Question in Wills and Trusts in New York
Fathers Wishes
My father was married to my mother for 15 years and they had 3 children before divorcing in 1974. At the time of their divorce my father had acquired 3 buildings in Brooklyn, NY.
Over a 15 year period he acquired 10 buildings in NY, 3 in New Orleans and 1 in Colorado.
My father remarried a woman in St. Vincents and was married for 10 years up until his death on 2-28-00.
It is our belief that his wife made up a will dated 2-6-00 while he was hospitalized in Miami and heavily sedated and hooked up to machines heart and lungs.
The will is already in contestment because it's not his signature nor was he of sound mind and body.
Before he went into the hospital it was his wishes that 3 remaining buildings in NY be sold and the monies be evenly split between the three sons.
He also had successful tire business in St. Vincents.
What can I do to get information about the net worth of his estate because his wife is being very uncooperative and also has influences with authorities in St. Vincents.
She also arranged funeral plans without the consideration of notifying his children.
2 Answers from Attorneys
Re: Fathers Wishes
You do not indicate where your father was residing when he passed away. If he was a US citizen, his place of domicile at the time of his death controls where the probate proceedings occur.
If his Will was probated in Florida, as part of the initial probate proceedings the applicant was required to file a preliminary statement with the probate clerk indicating the estimated size of the estate. Throughout the proceedings additional information on estate assets (wherever located) is required to be filed with the probate court. This is the first starting place.
If the Will is being contested, as part of the proceeding you can inquire as to estate size and other information.
Also, all potential heirs, which should include the 3 children, should be on the probate petition, even if they might be excluded under the Will.
If the Will being contested is overturned, is there a prior Will being supported? What did that provide for the children?
Finally, while your father may have expressed wishes to be carried out, if they were not included in any Will or any handwritten document that could be considered a holographic (handwritten) Will, they may not be carried out.
I suggest getting an attorney in the State where the Will was probated and actively participate in the Will contest - plus have any necessary documents (prior Will, handwritten letters or documents, etc.) available to use in the contest.
Walter
Re: Fathers Wishes
I know that you have poseted this question in the past and that I have answered it. I strongly sduggest you speak with an attorney as soon as possible as there are deadlines to will contests.
If I can be of assistance, please call me.
Daniel Clement
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