Unentitled sister stands to gain half

[CSD18]

What is the name of your state (only U.S. law)? NY
What can be done?

My mother passed 2 years ago in NY with no will, there is a medical malpractice settlement. My sister has not been in my mothers life in several years nor mine, has forged my mothers name on bank documents leading to my mothers bankruptcy, at the time of death my mother was going to family court to see her daughters children, and never once showed up to lawyers meeting/ depositions, is supposed to get half of her estate. Is there any way I can circumvent this? My mother many times to multiple family member made it known she cut my sister off financially about 9 years ago and she in turn cut my mother off from her children. I'm the other sibling/ executor of my mothers estate.

 

[FlyingRon]

Being involved with the deceased or otherwise associated with the family is not a criteria for intestate succession. What your mother said is immaterial if she didn't actually lay it out with a will. Cutting someone off financially while you are living is a far cry from disinheriting them anyway. I cut my son off a long time ago but he'll still split my estate with his sister.

It sounds like the alleged forgery happened long enough ago that if the mother didn't pursue it, you don't have any claim to do so now either.

 

[CSD18]

Being involved with the deceased or otherwise associated with the family is not a criteria for intestate succession. What your mother said is immaterial if she didn't actually lay it out with a will. Cutting someone off financially while you are living is a far cry from disinheriting them anyway. I cut my son off a long time ago but he'll still split my estate with his sister.

It sounds like the alleged forgery happened long enough ago that if the mother didn't pursue it, you don't have any claim to do so now either.

Thank you, the forgery happened around 2 years before death but was only discovered 1 year before she died. It's terrible my mom died unexpectedly early 50's, I'm trying to honor her last known wishes. She never had time for a will unfortunately. I now know the importance of them.

 

[adjusterjack]

You don't have a choice.

Intestacy means you and your sister split the estate. Period.

If you don't follow the law, she can sue you back into the stone age.

 

[latigo]

Thank you, the forgery happened around 2 years before death but was only discovered 1 year before she died. It's terrible my mom died unexpectedly early 50's, I'm trying to honor her last known wishes. She never had time for a will unfortunately. I now know the importance of them.

Contrary to what you have been told you do have a "choice".

As the duly appointed representative of her mother's estate you'd be empowered to pursue against the sister in the name of the estate the same choses in action available to the deceased. Including "choosing" to sue the sister in a civil court to recover a money judgment compensating the estate for the daughter's thievery.

(In this regard I must take exception to the prior remark that because the mother did not elect to do take legal action prior to her death, it is not available now. Any such claim or chose in action did not expire with her death. No more than would the estate's right to collect legitimate, liquidated debts owing at death. )

Whether such a lawsuit would be successful is a big if and should be reviewed with a competent trial attorney. It is not something you should do alone!

However, if successful, then you could offset that judgment against any distribution due the sister. Plus there might be some personal satisfaction in forcing your sister to appear in open court to account for the questionable transactions. Which she may or may not have the brass to do. Ergo, default judgment.

Anyway nothing ventured nothing gained. But much depending on how strong the proof of forgery and the absence of authorization which sister might raise in defense.

 

[Zigner]

As the duly appointed representative of her mother's estate you'd be empowered to pursue against the sister in the name of the estate the same choses in action available to the deceased. Including "choosing" to sue the sister in a civil court to recover a money judgment compensating the estate for the daughter's thievery.

What thievery? The bank and the federal courts both, apparently, feel that no thievery occurred. How could mom have been forced in to bankruptcy without even knowing that this alleged forgery had occurred? Furthermore, since the debt has been discharged through bankruptcy, it is questionable whether or not there is anything to recover through a civil action, or if it is wise to attempt to do so.

 

[Zigner]

Anyway nothing ventured nothing gained. But much depending on how strong the proof of forgery and the absence of authorization which sister might raise in defense.

Really? Seems to me that expending the estate's money on a frivolous claim could expose the OP (personally) to liability due to the breach of her fiduciary duties.

 

[latigo]

Really? Seems to me that expending the estate's money on a frivolous claim could expose the OP (personally) to liability due to the breach of her fiduciary duties.

Well it "seems to me" that you have taken upon yourself the role of final arbiter in classifying such a chose in action. If in deed seen by you as frivolous, please explain how you can justify that characterization without accusing the OP of blatant mendacity and libel?

Your assessment that such a chose in action would represent a "claim" discharged in the mother bankruptcy is so devoid of logic as to warrant comment.

 

[Zigner]

Well it "seems to me" that you have taken upon yourself the role of final arbiter in classifying such a chose in action. If in deed seen by you as frivolous, please explain how you can justify that characterization without accusing the OP of blatant mendacity and libel?

Your assessment that such a chose in action would represent a "claim" discharged in the mother bankruptcy is so devoid of logic as to warrant comment.

I find it humorous that you put the word "claim" in quotation marks in response to my post. YOU are the only one who said this might represent a "claim".

As to accusing the OP of blatant mendacity and libel, I have also done no such thing, however, if the OP were to pursue a frivolous course of action (ie: a lawsuit that is found to be baseless), then it can expose her to personal liability.