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NY probate questions

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Fuchsia

Junior Member
What is the name of your state? NY

My son's father died May 10, 2006, in Queens County, NY. His stepmother has yet to begin probate proceedings, and while repeatedly promising him his share of the estate (he has no siblings, and his father had a will leaving him most of his estate), has yet to give him a penny. I'd like to know:

Is there a deadline for filing?

Is there a statute of limitations for starting proceedings to force her to do what she's supposed to do?

She has repeatedly promised to pay him a portion of what's due him, but keeps stalling. How can he force her to give him an accounting and pay him what's rightfully his?

My son lives in Suffolk County, NY. If he starts a suit against her, can he claim Suffolk as the venue, or must he cite Queens County as the venue?

He consulted several lawyers a few months ago, but because his wife was expecting their first child and was having a very difficult pregnancy, she was unable to continue working, and they could not afford to hire an attorney. I fear this woman will return to her home country, Bolivia, and he'll never see his money; thus, I have offered to pay for an attorney to go after her before she disappears, despite the fact that I am disabled and homebound, and have a very limited income. I cannot afford to go from one attorney to another, and want to get one who really knows his/her stuff and will aggressively pursue this case. I've asked several people in the legal field if they know anyone, but they were unable to recommend anyone. I know I can call the Bar Association and they'll give me a couple of names, but that will be just the luck of the draw. Is there another way to find a really competent attorney?

Finally, to continue stalling him, she gave him a check for a small portion of the estate in mid-March to tide him over until she sells her house, and asked him to hold it until April 3, when it would be covered. Needless to say, it bounced. What is the law on this? If he turns the check over to the District Attorney, will she be arrested/prosecuted?

This woman has given him one excuse after another, and ducks his calls and visits whenever possible. He is totally fed up, and I, for one, know that his father meant for him to have this money. I fear that she's going to take off with what's left of the money, and my son really needs it to buy a house and help support his family.

This is my first visit to this forum, so if I've broken any rules, please let me know. Try to be kind. ;) ~Fuchsia
 
Last edited:


BL

Senior Member
What is the name of your state? NY

My son's father died May 10, 2006, in Queens County, NY. His stepmother has yet to begin probate proceedings, and while repeatedly promising him his share of the estate (he has no siblings, and his father had a will leaving him most of his estate), has yet to give him a penny. I'd like to know:

Is there a deadline for filing?

Is there a statute of limitations for starting proceedings to force her to do what she's supposed to do?

She has repeatedly promised to pay him a portion of what's due him, but keeps stalling. How can he force her to give him an accounting and pay him what's rightfully his?

My son lives in Suffolk County, NY. If he starts a suit against her, can he claim Suffolk as the venue, or must he cite Queens County as the venue?

He consulted several lawyers a few months ago, but because his wife was expecting their first child and was having a very difficult pregnancy, she was unable to continue working, and they could not afford to hire an attorney. I fear this woman will return to her home country, Bolivia, and he'll never see his money; thus, I have offered to pay for an attorney to go after her before she disappears, despite the fact that I am disabled and homebound, and have a very limited income. I cannot afford to go from one attorney to another, and want to get one who really knows his/her stuff and will aggressively pursue this case. I've asked several people in the legal field if they know anyone, but they were unable to recommend anyone. I know I can call the Bar Association and they'll give me a couple of names, but that will be just the luck of the draw. Is there another way to find a really competent attorney?

Finally, to continue stalling him, she gave him a check for a small portion of the estate in mid-March to tide him over until she sells her house, and asked him to hold it until April 3, when it would be covered. Needless to say, it bounced. What is the law on this? If he turns the check over to the District Attorney, will she be arrested/prosecuted?

This woman has given him one excuse after another, and ducks his calls and visits whenever possible. He is totally fed up, and I, for one, know that his father meant for him to have this money. I fear that she's going to take off with what's left of the money, and my son really needs it to buy a house and help support his family.

This is my first visit to this forum, so if I've broken any rules, please let me know. Try to be kind. ;) ~Fuchsia

Most places have a Lawyer Referral Service , look it up . It's through the bar association , and an initial consult up to 1/2 hr . will cost about 40-50 bucks . It's a good place for him to Start .

He could also go down to the nearest probate Court Clerks and ask what the procedures are in forcing probate .
 

You Are Guilty

Senior Member
He could also go down to the nearest probate Court Clerks and ask what the procedures are in forcing probate .
Surrogates Court, not probate.

320 Center Drive
Riverhead, NY 11901
Chief Clerk: 631-852-1746

Surrogates easily has the most helpful clerks of any court - and they're free. I'd definitely start there before paying a lawyer.
 

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