Legal Question in Wills and Trusts in New York
probate
my mom died 3 years ago. left a will. the will names her 3 children as reciepients to her estate (my father died before her leaving her everything.) The will has not been probated. my uncle is the named executor. when the will was produced I was 2 years old,my sister was just born,my brother 4 years old. Now I am 42 years old. my uncle wants to probate the estate. me and my siblings are currently in litigation with him (my uncle) over a contract. we believe he is trying to probate my moms will so he can be executor and somehow control her assests and use that to intimidate us. If my siblings and i all agree that it is not in our best interest to have him as executor can we block him from probating the will or atleast have one of us named executor? Do we need to have a lawyer to do this? we already have enough legal expenses as is please help.
2 Answers from Attorneys
Re: probate
First, your uncle has done nothing with the estate of 3 years. His falure to act alone may be sufficient to prevent him from representing the estate. Your existing claims against him add to his problems.
I suggest you retain an attorney.
Daniel Clement
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Law Offices of Daniel E. Clement
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New York, New York 10001
Tel: (212) 683-9551 Fax: (212) 683-9661
E-mail: [email protected]
Re: probate
Since he has done nothing for 3 years, it seems you may have grounds to have him denied to be executor based on that. Plus the current litigation with him may also be grounds. I suggest you have an attorney file an objection to his appointment and seek to have one of the children appointed instead.
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