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Scratch-off Lottery and Probate

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Reepime

Junior Member
What is the name of your state? New York

My father died June 2006. My father had won $2000 a week for life some time ago from a scratch off ticket in New York State. From my understanding, there is a minimum payment of $2,000,000. He has some outstanding student loans and had purchased a house (unknown arrangements betwen the bank and lottery). My step-mother has been named executor of the estate and is recieving the lottery payments still. i understand the basics with probate, the estate value is to be calculated, any outstanding/current debts are to be paid by the estate, then the remainder of the estate is divided. This situation is complicated furter by the fact that my father did not have a legal will and the property in the house is not clearly defined as being owned by my step-mother or my father. The taxes for the house were not paid for 2006. Since the time of his death, whenever I request information about what is happening with probate, the only thing I am told is that it can take up to 7 years. I have requested the contact information for my step-mother's lawyer who I was told is handling the situation but have not been given any information. At this point I am unsure if my step-mother is handling the situation properly or if I'm even being included. This has been the case for myself and my brother. What authority does the executor of the estate have and what actions should I take to defend myself and my brother's positions? Who, by law, is defined as being beneficiaries in the case of no will by New York State? We are both over the age of 21.
 


moburkes

Senior Member
Your step-mother will receive the majority, but you and your brother are "due" a portion. Contact an attorney.
 

lwpat

Senior Member
Contact the probate court and get a copy of the file. Then take it to an attorney for advice.
 

You Are Guilty

Senior Member
If there is a $2M minimum payout (which I could not find confirmation of on the NY Lottery website, and, given the name of the game - $2k a Week Per Life - you might want to research further), then yes, the estate is entitled to the remaining payments (paid weekly, like before). If there was no will, then the children are entitled to a portion of the estate's proceeds under NY intestate laws (http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS) EPTL, Article 4.

Since you'll likely need a lawyer to fight stepmom, it might make sense to speak to one now, and let them pull the probate file from Surrogates. Otherwise, you can get the file yourself, but odds are, you'll need to speak to the court clerk to understand what it all means.
 

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