Hand written will no witnesses

[Serenity2009]

What is the name of your state (only U.S. law)? New York State

My grandfather passed last month, leaving only a handwritten will. He was very detailed on what he wanted done, but my oldest aunt (aunt A) is not following his wishes, he wanted one of his daughters (aunt B) to keep the house as she was living there caring for him. My Aunt A cleaned out my grandfather's bank accounts and took the majority of the contents out of his house. Bills keep coming and she refuses to pay them and she said my Aunt B had to move out of the house so it could be sold. Aunt B Has her other two siblings agreeing with her as to what should have happened and that Aunt A has spent estate money on her personal things.


Aunt A has her church for money (she tithes (sp?)) so the church supports her, Aunt B would like to do this pro-se as she simply does not have money.

Aunt A is getting scared of all the bills coming in, and said she would sign saying Aunt B could have the house and be executor.....

My questions.... How does Aunt B proceed if Aunt A and her other siblings sign off and agree for her to be the executor?
Will Aunt B be able to request the Estate money Aunt A spent on personal expenses? Or at least request an accounting of the estate funds? What should Aunt B do?

 

[Silverplum]

http://codes.lp.findlaw.com/nycode/EPT/4/1

 

[latigo]

What is the name of your state (only U.S. law)? New York State

My grandfather passed last month, leaving only a handwritten will. He was very detailed on what he wanted done, but my oldest aunt (aunt A) is not following his wishes, he wanted one of his daughters (aunt B) to keep the house as she was living there caring for him. My Aunt A cleaned out my grandfather's bank accounts and took the majority of the contents out of his house. Bills keep coming and she refuses to pay them and she said my Aunt B had to move out of the house so it could be sold. Aunt B Has her other two siblings agreeing with her as to what should have happened and that Aunt A has spent estate money on her personal things.

Aunt A has her church for money (she tithes (sp?)) so the church supports her, Aunt B would like to do this pro-se as she simply does not have money.

Aunt A is getting scared of all the bills coming in, and said she would sign saying Aunt B could have the house and be executor.....

My questions.... How does Aunt B proceed if Aunt A and her other siblings sign off and agree for her to be the executor?
Will Aunt B be able to request the Estate money Aunt A spent on personal expenses? Or at least request an accounting of the estate funds? What should Aunt B do?

I think you and the others are bound to disregard grandpa's handwritten or "holographic" will.

Because if as you say, it doesn't bear the signatures of witnesses AND if he was not a member of the United States armed forces during a war at the time he wrote it, THEN it cannot be admitted to probate. And thus is a meaningless document of no legal force effect. (See: New York Consolidated Laws - Estates, Powers and Trusts - Article 3 Part 2 - Section 3-2.2.)

The consequences of that are that he is deemed to have died intestate and any administration of his estate and its distribution would need to adhere to laws applying to estates of that nature.

The unfortunate reality is that probate is a complicated process and I don't see your auntie or any other family member accomplishing anything without the guidance of an experienced probate attorney.

Obviously one of the sisters is bent on ransacking the leftovers and ought to be brought to account for her thievery.

What I suggest is that you see if you and another concerned relative(s) can arrange an appointment with a local probate lawyer for at least a consultation. Some attorneys grant the first one without charge. So makes some calls.

Good luck

 

[Zigner]

If the aunt was a co-owner of the bank accounts, then she likely did nothing wrong, legally speaking, by "cleaning out" the accounts.

If she WASN'T a co-owner of the bank accounts, and wasn't authorized in some other way, then I'm curious as to how she "cleaned out" the accounts.