• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Father Died w/no will in New York

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

courtlexmom

Guest
What is the name of your state? NEW YORK
My Dad died 7 years ago, he had no will. He was married to my Stepmom for about 13 years at his time of death. His Spouse claims his Estate was worth over $300,000. at the time of his death. (not including the Co-op that they owned and lived in in the Bronx) We (My sister and I) were close with his wife and she claimed that she was dealing with the Probate court to settle the estate. Now it is 7 years later and still she claims that she is "working on it". Now she doesn't want to even see us anymore until the estate is settled, so I'm guessing she kept all the $ for herself. (which I never thought she would) I have never recieved any paperwork from the courts or anyone else. I contacted a Probate attorney for advise and they wanted $3,000 just to start an investigation. Now, we didn't have the $ to retain the lawyer. (we have had financial hardships due to the fact that our Daughter was born with Down Syndrome a year before my Dad died and has had many Medical expenses) I guess I was just stupid beliving for all these years that My Stepmother was sincerely taking care of this. She went on and on on how she know my father would be happy that his $ was helping us raise their handicapped Grand-daughter and for me to just be patient because estates take a long time to settle when someone dies with out a will. Well I could go on and on, but I was just wondering if there was anything I could do to get the inheritance that we were due. I understand that my sister and I were entitled to 1/2 of the estate after the first $60,000 went to the wife. Is that true? Any suggestions would be greatly appreciated.
 


BelizeBreeze

Senior Member
Contact the probate court in the county where pops died. They will have the file that you need if indeed Probate was ever begun. After obtaining a copy of the file you will then know what's been done to date.
 
C

courtlexmom

Guest
No Probate filed

I did contact the probate court (I had to send a money order for them to research) and they wrote me back and said nothing was filed on my Fathers Estate. Does anyone know if it is too late to file a claim since 7 years of lies have past? Is there any was of doing anything at all without an expensive Attorney? Any Suggestions or Information would be Greatly appreciated! Thanks. You can email me @ [email protected]
 

Dandy Don

Senior Member
No, it's not too late to file a claim, but you will need a probate attorney's assistance to investigate and do it, if there is enough evidence of any of the estate being left.

You should be interviewing with about 5 or 6 probate attorneys (preferably law firms with at least 5 or more attorneys practicing) to see which one would be willing to take on your case. At the least, you need to be able to come up with about $200-$500 (borrow it if you have to!) to pay for a financial background check (ono your dad to find out what his assets were and where he did his banking and if he held any stock) through a private investigator, or maybe the attorney firm could pick up that expense for you if they want your business.

How sad that this lady deceived you. She was afraid you would have gotten your own attorney to get your fair share of the estate, but figured if she kept you misinformed that she could try to cheat you out of some monies. Since it seems this man had a fairly large estate, with a valuable home, it is likely he had other assets as well which you should have gotten your fair share of, but your attorney might need to come up with evidence.

I think he had a will and that evil widow is deliberately withholding it from probate. Your attorney can file to be administrator and then ask the court to order widow to produce it, or if there isn't one, then whatever is left of the estate can be probated or she can be sued to pay you what you should have gotten.

DANDY DON IN OKLAHOMA ([email protected])
 

Dandy Don

Senior Member
If you can afford to, it would also be wise to have a financial background check done on the stepmom to see whether she would be in a financial position now to pay off any monies to you if you won your lawsuit. Even if she doesn't have the cash, you may have to file a lien against her home so that when and if she ever sells it, she will have to pay you the lien amount (of your judgment) first before she gets any of the other profit.

DANDY DON IN OKLAHOMA ([email protected]
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top