Legal Question in Wills and Trusts in New York
Patiently waiting
About 4 years ago, my never married, no children, uncle passed away. His original will was no where to be found, so his lawyer had informed his 2 brothers and me(the daughter of the deceased 3rd brother) that we were to share his estate. After almost 3 weeks, the will was found with 1 brother being the receiver of everything. This uncle then verbally discussed with me that I was still to receive my third because he was ''just doing what his brother had wanted.'' I also had been told by other family members that one of my uncle's dying wishes, was to have me well taken care of. With that, my (newly rich) uncle even went as far as to tell me he would pay off my mortgage. Granted, he did give me some money, but not a third of what we were told was in the estate. I have waited until all estate matters where settled. Do I have any legal right to question him about the rest of the split?
2 Answers from Attorneys
Re: Patiently waiting
Your Uncle did not have to share any of the Estate with you no matter what your deceased Uncle may have said his dying wishes were.
You/anyone is entitled to see the will and make sure it is valid. If you have any doubts about it's authenticity or whether your deceased Uncle was defrauded or unduly influenced to leave all to 1 brother, you can contest the will.
Of course, that will be the end of your relationship w/ that Uncle and may get expensive.
So, if you are not contesting the will, you do not have a legal right to know what your (rich) Uncle has done with the monies he inherited.
Re: Patiently waiting
I concur with Debra, but you may be of time to contest the Will (the contest had to be brought within the aqpplicable Statue of Limitations, which has passed). By allowing the Will to be probated, without contest, you approved its terms which left you to the mercy of your uncle. Unless you have anything in writing, so that you might consider suit for breach of contract, accept what you received. If you have any proof of the agreement of which you speak, contact a local attorney and consider a suit, keeping in mind it can be costly and time consuming, with no guaranty of results. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship.
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