Do I have a case ?

What is the name of your state? New York City
My uncle who was mentally disabled, living on the streets of NYC, and collecting Social Security Disability for his mental illness, passed away April 16, 2003. I only found out about his death earlier this year in 2007 by tracing his SSN on the SS Death Index. I did a google search on his name and located somebody who knew him, I emailed him and he gave me the following information. He told me my uncle was left a trust of over $200,000, but after his death, a lawyer interceded, claiming to be the executor of my uncle's will, and supposedly the money was dispenced to my uncle's favorite synagogue. My source said there was something fishy about this whole thing. He provided me with the name and phone number of this executor lawyer, whom I phoned but he would not return my calls, (what a surprise). That's all this contact knows. I ask you this. Can a will created by such a mentally unstable person (as can readily be confirmed) be acceptable practice? There is even a video of my uncle on YouTube demonstrating his irrational behavior. Aren't I justified assuming my uncle being unfit that, this will was created by coercion and therefore null and void. Shouldn't any money in my uncle's estate have gone to his closest surviving family member, which would have been my father? Unfortunately my father passed away in February 2005 before any of us had known of my uncle's passing. Therefore as his ownly surviving relative, would I not be entitled to my uncle's estate? Is there a statute of limitations on this sort of thing? I live in New Jersey with my mother and this occurred in NYC.

If you know the city/state where your uncle died, contact the county courthouse probate court for that city to order a copy of the will (and all other documents in the file) to get a complete understanding/overview of how the estate was handled. Or, if you know you are eventually going to have to consult with a probate attorney in this same county about this matter (which I think you will have to), contact the probate attorney and have him/her make the copies for you and send them to you while also have the attorney review the file. When you get the documents, also look to see if there is any mention of an executor's bond being posted or whether the will specifically exempts that requirement.

You can then ask about the statute of limitations when you have hired your attorney. He may have not even made a legal effort to search for valid, eligible heirs.

It's no wonder that the crooked, shady executor doesn't want to respond to your inquiries--he most likely did commit some type of breach of duty or illegality with this estate, but you won't know how to proceed until you see what the documents actually say. There will be a way for you to financially recover if you can prove that this executor did something wrong, but let your attorney advise you about how to proceed.


DANDY DON IN OKLAHOMA ([email protected])

The man, (my uncle) was emotionally unstable, living in the street, collecting Social Security Disability his whole life for psychiatric reasons, in and out of mental institutions and on medication for this condition. Wouldn't any document he signed as a will autoamtically be null and void? Therefore wouldn't his relatives be entitled to his estate? Don't you agree? The question is then, it's been more than four years since his death and can anything be done about it now?

Yes, your arguments are correct. However, since his heirs were not legally notified about the existence of the will, there was no one to officially contest it. That is why you need to be consulting with a New York probate attorney since one is most likely not going to be reading this message board. Under normal circumstances a statute of limitations might have applied, but since this executor may also have committed breach of duty or other illegal actions (such as fraud), there may not be a statute of limitations on that. You probably do have options, so at least consult with an attorney.

Now all of a sudden...

the executor, ( a lawyer himself), wants to speak with me. He must've heard i've been asking questions about this case or he has been pretending to be a concerned "friend" of my uncle via email. Should I return his call, tip him off about what I want, or just simply return his call and tell him who I am or what would you suggest I do, please?

sweets53 said:

The man, (my uncle) was emotionally unstable, living in the street, collecting Social Security Disability his whole life for psychiatric reasons, in and out of mental institutions and on medication for this condition. Wouldn't any document he signed as a will autoamtically be null and void? Therefore wouldn't his relatives be entitled to his estate? Don't you agree? The question is then, it's been more than four years since his death and can anything be done about it now?

Click to expand...

Being emotionally/mentally unstable does not mean one is mentally incompetent.

Nevertheless, the executor (a lawyer) now wishes to speak to me. DandyDon. Do I tip my hat and let him know what I want or play it cool. Just what do you suggest, please?

My personal opinion is you should just be friendly say you had just found out about your uncles death, you wish you would have been notified, ask questions about how he knew him then after speaking with him for a bit ask about the will, dont just jump in there and tell him you want the will, butter him up first