My father died. He had a revocable trust, naming me (his daughter) as Trustee and also had a will, naming a relative as executor. I am being sued by his grandchildren for letters of administration. How could the judge rule in their favor when there is a will with an executor?
1 Answer from Attorneys
Please accept my condolences on the loss of your father.
Has the relative completed the paperwork and sent the Will to the Surrogate's Court and asked for the Will to be admitted to probate? If not, in effect, there is no Will. Or, it is possible that the grandchildren may establish to the satisfaction of the court that your father's Will is invalid.Or perhaps the Will was not executed (signed) with all of the proper formalities required in New York. Or perhaps the relative is not qualified to be executor for some reason. As you have guessed, it would be unlikely that a judge would grant letters of administration to your father's grandchildren if there is a valid Will, but there are many reasons the grandchildren may prevail. Call me to discuss. 212 979 2868
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