Legal Question in Family Law in New York

Wills/lawsuit and insurance money

My fiancee is currently incarcerated and has a very negative relationship with his family, except for his father who recently passed away. He is now not being told anything about a will, has no information on the lawyer his family hired, and has no idea what - if anything - he is entitled to. Furthermore there will be a large lawsuit resulting from this death, an undisclosed amount of money from multiple insurance policies and he is not being informed on the specifics of any of these things. He has asked me to be his non-durable power of attorney to act on his behalf while he is incarcerated. First, what are his rights, is it wise for me to be involved (I dislike his family also, so there is no worry about future strife), and is there a lawyer who will look over this case accepting payment as any income from this ordeal? There is a substantial amount of money to be distributed, but no one will tell him anything. I am in grad school and cannot afford a lawyer right now, so it is important a lawyer would consent to this kind of payment. Please help if you can!


Asked on 9/04/07, 10:26 am

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Wills/lawsuit and insurance money

You/anyone can go to the Surrogate court in the county where his Father lived (when he died) and ask about the will. This is a public record.

The will also will determine who gets anything from the lawsuits as any recovery goes into his Estate.

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Answered on 9/06/07, 5:09 pm


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