Legal Question in Wills and Trusts in New York
Two weeks ago, I received a letter form a prominent pension organization informing me that I might be the beneficiary of a former multi-year social partner who passed away 12/26/2010 unexpectedly. The letter said that the submition of a death certificate would allow a settlement to proceed. Subsequently, I was contacted by the deceased's daughter who wanted me to talk to her attorney about relinquishing my beneficiary rights. Her attorney called me and pressured me to sign an agreement as such. He claimed that the pension company had provided him with the beneficiary change notice executed by the deceased stating my name. He said he plans to challenge it and tie the settlement up for years in court if I don't sign the release. A follow-up conversation with the pension company re-affirms my beneficiary status and it is proceeding to offer settlement options to me. The family keeps calling me and, now, my children pressing their case. We are feeling pressured, harrassed and intimidated. Can they do this to us? Can they stop a legitimately designated beneficiary? What can we do to stop it? Please advise. Thank you.
4 Answers from Attorneys
You need to hire an attorney immediately. You shouldn't be trying to deal with this yourself and speaking to either the daughter or her attorney. Everything you say can be used as evidence. You shouldn't be pressured into accepting a settlement to just make this go away. You may end up settling, but I suspect an attorney can get you a higher settlement than you could get yourself.
I agree with Ellen. You need an attorney. There is no reason for you to be pressured by an attorney while your are without representation.
Once you retain an attorney, The daughter's attorney may no longer ethically communicate with you or members of your family, but must communicate only with your attorney.
I likewise agree, and this may require litigation to resolve. They might have legitimate claims, which you have not addressed, which might be raisewd (undue influence, incapacity, etc.). IThe sitruation should be reviewed by an attorney familiar with Will cointests. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.
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