Legal Question in Wills and Trusts in New York

Mother died. I am in the will and mentally ill.

My mother died on 2/21/06 and her lifelong friend died on 1/31/07. They had a joint will that was not even looked at untill mid April, 07. My older brother and I are the sole recipients and my Uncle is the Executor. Whenever I ask them anything about the will they just say it will be years before I get any money. I am disabled with bi-polar disorder and cannot support myself on a Social Security Disability check.

I am always broke. Is there any way to put some pressure on my Uncle and Brother to expedite matters as they don't seem to care about my serious poverty situation?


Asked on 5/10/07, 4:51 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Mother died. I am in the will and mentally ill.

Yes, there are a number of things which can be done.

However, because of your status, it may be necessary for a guardian to be appointed for you before you can take legal action against your uncle, the Executor.

The proceedings must be brought in the Surrogate's Court located in the county where she resided at her death.

Feel free to call me at 914.478.2981 for more information.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 5/10/07, 6:12 pm


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