Legal Question in Wills and Trusts in New York

Probate - executor

our father passed away 2/07 6 months after his 2nd wife.

My sister & i have not seen our father in 40 years - but were contacted by a lawyer indicating we were the only heirs to his estate. He never had children with his 2nd wife & she has no children.

We weren't named in the will, but i guess by default we're it.

An exexcutor was named in the will - originally she didn't want to do it (according to lawyer), but once they found us she wants to take on this role. She has had NO contact with us whatsoever about the estate,etc....

Do we have the right to contest to be executors of the will?

thanks


Asked on 8/27/07, 12:48 pm

2 Answers from Attorneys
Robert J. Lenahan, Jr. Robert J. Lenahan, Jr.

Re: Probate - executor

First, even though you may not be named in the will specifically, you are still entitled to a copy within 60 days of the date of probate. The lawyer should be glad to send you a copy. Generally, courts give deference to the person chosen to be the executor and will not remove her unless there is good cause(i.e. misconduct) or if the appointment was made improperly(i.e. by reason of undue influence). As former Deputy Surrogate of Union County I have had experience in these matters.

Read more
Answered on 9/05/07, 12:00 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Probate - executor

If this is a NJ estate, you and your sister are entitled to Notice of Probate and a copy of the Will.

Assuming the Will is valid (your note does not suggest otherwise), your father was under no obligation to name you or your sister as beneficiaries or as executors.

Unless there are actual grounds to contest the Will (undue influence, mistake, lack of capacity, etc.) then I don't think you have any grounds to contest the Will or the appointment of executor.

Read more
Answered on 8/27/07, 1:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York