Legal Question in Wills and Trusts in New York
Hello,
My parents were still married when my dad past away 6 years ago, however my mother has been living with another man for 11 years now. A settlement for my dad's vioxx case was recently approved. The compensation is ridiculous. It states my mother with receive 50% plus 50k, totaling about 83k. The four children will be splitting 36k. I know I can't live with it being settled this way. She hated my father and still does and I can't let her benefit from his death like this. What can I do about this? I was the administrator (everyone else had signed off) to the estate and occurred money losses (doesn't seem like that matters). Is there anything I can do about this? Is there a way around this; can I prove that she pretty much abandoned the marriage with my father and continued on her life with someone else. I have not signed my petition and verification papers. Any help would be much appreciated.
Thank you.
1 Answer from Attorneys
If you can prove that your mother abandoned your father, you may be able to defeat her claim for a right of election against your father's estate. However, it will most likely be costly.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
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