Time Limit for Contest / Probate

[BBUSKI]

What is the name of your state? New York

My brother died July 2002, there was no will.
My Sister and I were listed as beneficaries
on his death benifits at work.
We both recieved immediate payment from the union.
He also had a union benefit policy for 3 times
his annual salary with no beneficiaries listed.
The union paid a sum of monies directly to my sister.
Does my sister get the whole amount or do I also have
a claim on those distributed assets.
What would be the alloted time for contesting the
distribution of these assets?
Can she keep the entire estate without regard
to any other survivors.

 

[Dandy Don]

You need to be finding out from the union if they paid her because she was a beneficiary or whether she may have falsely claimed to be the executor of the estate. You need to consult with a local attorney about the time limit question--you may have waited too late to do anything. Why did you wait so long to ask about this?

If she was named as beneficiary, then she gets the money and it does not have to go through probate. If she was not named beneficiary, then the money should have been probated.

Were there any other assets in your brother's estate?

 

[BBUSKI]

why I waited

I waited because I trusted her to do the right thing, because she is my sister!!. She insisted that the proceeds would be distributed fairly. It was November 2003 when she had promised the proceeds would be distributed after tax season. In April I questioned her about the proceeds, now it is July and still no answer. I asked for an official accounting of his estate and was blown away with an attitude that I had no right to ask. There was no names listed as beneficairy so she entitled herself as executor. The estate has not been finalized yet she insists. I feel betrayed at this point.

 

[BBUSKI]

Even Today when I spoke to her she insists that the proceeds will be distributed fairly to my son and I. Is she just trying to burn up time???

 

[BBUSKI]

Another Question??

This betrayal makes me think about my own will, my estate will be substaintial at the time of my death. I have left my son's interest to her thinking that she would do the right thing by him.Now I am wondering?? Could she take his interest as legal guardian and turn him out on the street.

 

[Dandy Don]

Has she started probate proceedings for this estate at the courthouse? Have you been able to attend any of the hearings? Does your brother have any surviving wife and/or children?

It's hard to see how she could get away with not naming any beneficiaries if you are a legal heir and the court is supposed to be reviewing the information she supplies. You may want to consider at least talking to an attorney to see how you can inform the court about her dishonesty.

DANDY DON IN OKLAHOMA ([email protected])