Legal Question in Wills and Trusts in New York
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He My father died from measletheloma several years ago. He had a will that was signed on his death bed leaving the estate to my mother. It is documented in medical records that he was delusional at the time. Suffering from alcohol dementia.
Prior to his death he had initiated proceedings with attorney here in Rochester, NY that specialize in asbestos related deaths. He, when alive, never saw any of the money.
The will left my mother executor of his estate.
My question I guess is how can someone leave this type of future settlements to another who they are not married to. She had told all concerned that they were married when in fact they were not. She has used a few different aliases in her life. By my research New York is not a common law state. Needless to say I have recently received more settlement papers that she wants me to sign.
They state her as getting 90% for conscious pain and suffering and myself getting 10% for wrongful death. Apparently he was married in another state before I was born and has other adult children who are not even aware of his death or this lawsuit.
My paper work states that if I have any objections I can appear in surrogate court to make said objections known. Should I do this to try to increase my share of 10%?
Any help on this situation would be greatly helpful.
She has so far collected 500k-750k in settlements. I am down for 10% but was never notified to attend any reading of the will. I have never seen it.
I have a family with 2 kids in college and am just wondering if I am getting screwed over.
Vern
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