Legal Question in Wills and Trusts in New York

Hello,

My father passed on Jan 9, 2013, he struggled with late stage lung cancer and had oxygen. I resided with my father for approx. ten years and moved in 2008. While I lived there, I helped him through a divorce, second wife, paid bills and maintained the house. He and I built a business, I struggled with his bad decision making. He brought on staff a woman with questionable character. She stalked and harassed many of the staff, lawyer, board members. She became very close to him and isolated him, she then harrassed and stalked me, etc. Of which I have a compiliation of supportive evidenced. She was with him daily, non stop and my father became dependent on her, she had full control of the business and could destroy him financially if that income was no longer there. My father leaned heavily on my brother and made him executor. I have no issue with that. My brother has failed to notify me of anything, including the wake and funeral of my father, which I had to read in the obituary. I found out from neighbors that people were at the house. I confronted him and he had an estate sale and sold everything. He has not advised me of whether I am named in the will or if my father had an insurance policy. Though I do believe this woman's influence over my father and constant brainwashing caused my father to leave me out of the will. I could not go near him for fear of her stalking me. I had to protect my identity, my mail was comprimised when I lived there, serious actions, so for my own safety and well being, I wouldnt go to see him. Do I have a cause of action to contest?


Asked on 2/22/13, 3:55 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Maybe. See if a Will was submitted for probate, of which you should have been notified. Check with the Surrogate's office in the County where Dad resided when he died. Will contests are expensive, time consuming and very emotional. You may have claims against the estate that you could cosider, such as reimbursement for expenses you paid while residing with Dad, an accounting for the business you started with him, if you had an ownership interest, as well as the Will contest. You should consult a local attorney familiar with these issues, but you also need to consider if the potential cost and emotional impact is worthwhile.

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Answered on 2/22/13, 8:52 am


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