Can my brother be disqualified as an heir?

[James36]

What is the name of your state? New York

This is a rather complicated situation, but I will explain all the details to the best of my ability. My elderly father was murdered by his step-daughter (my step-sister), and at the time of the murder my brother was also present in the house while the act took place. My brother is physically handicap and is confined to a wheelchair, but mentally he is very sharp (has earned an MBA in finance, etc.) My step-sister had been living with the two of them for some time prior to the murder, and she was acting as their caretaker.

Prior to the murder, it was quite obvious the two of them had been talking about it and plotting ahead of time. It's unknown if my brother was in favor of committing the murder, but at the very least he did nothing to try and prevent it. The murder was staged to look like a natural death, and nobody questioned it at the time. Nearly a year's time passed, and my brother finally reported to the police that there had been foul play resulting in our father's death. Our father's body was exhumed and an autopsy was performed, and my step-sister was promptly arrested and charged with murder.

My brother was never charged with any crime. The DA agreed not to charge him in exchange for his help and testimony to prosecute my step-sister. She pled guilty to a lesser charge of manslaughter, and is currently serving a 12.5 year prison sentence.

In my father's will, he left 100% of his estate/trust fund to my brother. He left his house and car to his step-daughter (which has obviously been taken away from her by the murder charge.) Upon my brother's death, I am named to receive 95% of the estate, and the other 5% goes to a 2nd brother of ours.) The Executor has requested relief of the estate following my father's wishes (100% to my brother who was present at the time of the murder, and then 95% to me and 5% to our 2nd bother upon our brother's death.) The hearing is in May.

My question is, based on these facts is their enough grounds to have my brother disqualified as an heir? I have been told different things by different sources, and the fact that my brother was never charged with a crime makes it a complicated issue. Any help, comments, or suggestions would be greatly appreciated.

Thanks,
James

 

[pojo2]

have been told different things by different sources, and the fact that my brother was never charged with a crime makes it a complicated issue. Any help, comments, or suggestions would be greatly appreciated.

Thanks,
James

Have any of those different sources been an Atty?

 

[James36]

Yes they were, but even the attorneys have been giving me conflicting information, which is why I posted here to try and get some new insight.

 

[James36]

Does anyone have any information, advice, or other insight on my situation? It's been a couple days since I posted, and I was rather hoping to get some feedback. Or if someone could point me in the direction of a website that would have specific information about NY law regarding disqualification of an heir, I'd greatly appreciate it.

Thanks again,
James

 

[BlondiePB]

Does anyone have any information, advice, or other insight on my situation? It's been a couple days since I posted, and I was rather hoping to get some feedback. Or if someone could point me in the direction of a website that would have specific information about NY law regarding disqualification of an heir, I'd greatly appreciate it.

Thanks again,
James

Have you read NY's state statutes?

 

[James36]

I have read up and down all the information on this website, especially the section on Estates, Powers & Trusts:

http://public.leginfo.state.ny.us/menugetf.cgi

Article 5, Part 4 of the EPT section touches on this subject area very briefly, but it is vague and inspecific. Is there anywhere else I can look?

I am looking for a specific piece of legislation that would give the legal reasons why a potential beneficiary could be disqualified as a heir.

 

[Dandy Don]

Stop looking: you won't find any such statute to disqualify him. Without a conviction, you have nothing, and stop trying to take this man's inheritance. What would you have expected him to do--fight off sis himself and also get killed in the process?

 

[James36]

I expected him to:

A)Attempt to talk some sense into her, and talk her out of it.
B)If A didn't work, call 911 and tell the police of her intentions.
C)If A & B failed, tell the police, or the executor or the estate, me, or any other friend or relative what had happened as quickly as possible (not a year later.)

I realize without a conviction there isn't a whole lot I can do, but an attorney did tell when that "...generally New York law will not permit inheritance by someone who causes or otherwise participates in the murder of a testator. In order for you to disqualify your brother you will need to prove not just that he was present, but that he either participated in the crime or, at the very least, could have, but did not prevent the crime."

 

[Dandy Don]

And if he had done any of the above, he would have been (and probably still is) in fear that she will come back and do something to HIM.

 

[xylene]

You need your own lawyer...

What is the name of your state? New York

This is a rather complicated situation, but I will explain all the details to the best of my ability. My elderly father was murdered by his step-daughter (my step-sister), and at the time of the murder my brother was also present in the house while the act took place. My brother is physically handicap and is confined to a wheelchair, but mentally he is very sharp (has earned an MBA in finance, etc.) My step-sister had been living with the two of them for some time prior to the murder, and she was acting as their caretaker.

Prior to the murder, it was quite obvious the two of them had been talking about it and plotting ahead of time. It's unknown if my brother was in favor of committing the murder, but at the very least he did nothing to try and prevent it. The murder was staged to look like a natural death, and nobody questioned it at the time. Nearly a year's time passed, and my brother finally reported to the police that there had been foul play resulting in our father's death. Our father's body was exhumed and an autopsy was performed, and my step-sister was promptly arrested and charged with murder.

My brother was never charged with any crime. The DA agreed not to charge him in exchange for his help and testimony to prosecute my step-sister. She pled guilty to a lesser charge of manslaughter, and is currently serving a 12.5 year prison sentence.

In my father's will, he left 100% of his estate/trust fund to my brother. He left his house and car to his step-daughter (which has obviously been taken away from her by the murder charge.) Upon my brother's death, I am named to receive 95% of the estate, and the other 5% goes to a 2nd brother of ours.) The Executor has requested relief of the estate following my father's wishes (100% to my brother who was present at the time of the murder, and then 95% to me and 5% to our 2nd bother upon our brother's death.) The hearing is in May.

My question is, based on these facts is their enough grounds to have my brother disqualified as an heir? I have been told different things by different sources, and the fact that my brother was never charged with a crime makes it a complicated issue. Any help, comments, or suggestions would be greatly appreciated.

Thanks,
James

The story you tell is hardly complicated. It seems neatly wraped with a bow and awaiting a legal ruling. A little too neatly... but hey.

"A lawyer told me".... What you need is to find a lawyer to represent you who has a plan to get your scheming brother disinherited. Any online adive is just speculative garbage in your 'case'

And I think you post is fake.