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continued... two wills one executor

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C

cccwharris

Guest
What is the name of your state?

Hello Don,

i wanted you to know that i received a reply from the surrogate
court in queens county, new york on their seal stamped letterhead. they informed me that no will was filed for my brother nor my sister-inlaw... the clerk inserted a statement letting me know she did me a favor by checking to see if a will was field for my sister-in-law also...the surrogate clerk also returned my letter to them. i called my niece 5 days ago and she promised me she would send me copies of the two wills...but as of today i have not received anything. she now tells me i am in both wills, whereas at 1st she told me i was in only one will. she also now tells me she is now the executor. i told her something is not right with what she is telling me. i spoke to a lawyer and he told me he could not help me unless i had a copy of the wills...which my neice will not give to me......it has been approx a month and a half since i asked her for a copy. oh yes, i found out what a retainer means. i don't know what to do now!
 


Dandy Don

Senior Member
You need to be talking to a probate attorney in New York to see if he can help you start probate on this case or at least find out if you need to be gathering any more information.

The fact that this niece has not filed any will yet is very suspicious. Maybe she has somehow gotten control of any cash assets/checking or savings accounts. If you start probate, the courts will decide who is the legal owners of the home, and depending on what your relationship is to the decedent it is possible that you will have to share ownership of it with other heirs and then you all decide whether you want to sell the homes or not or possibly the other heirs will want to pay you (buy you out) of your share of the home if they want to continue living there. The probate attorney can help you find out exactly whose names are on the title/deed to the home and who gets what. Do you know the street addresses of the properties? You will need to give that information to your attorney.

DANDY DON IN OKLAHOMA ([email protected])
 

lwpat

Senior Member
"wills, whereas at 1st she told me i was in only one will. she also now tells me she is now the executor. "

I am assuming that the clerk means that there is no probate file, either testate or intestate. In that case there is no executor since only the probate court can appoint an executor. You need to retain an attorney fast. Check the link on this page to see if any estate attorneys are listed for that area. If not send me an email and I can provide some more resources.
 

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