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.
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.