What is the name of your state (only U.S. law)? NY
Here is what I know. My father passed away on Aug. 17th, 2008. My uncle was supposed to be the executor of my father's will he had a copy of dated April,1980. My mother, my sister and I were listed on the will as beneficiaries. My uncle and I work at the same place and he harassed me about my father's will and asked me if the family would pay the expenses of him looking into my father's background to see if the family had any money that he was entitle to as an executor. I told him to talk to my mother and that if we were liable, we would work it out. I told my mother what my uncle was doing to me at work and she said she would find the will my father left behind and talk to her lawyer about what was going on. My mother found the original will my father left behind dated August, 1981. My uncle was not listed on this will as executor. My Uncle swore he had the original will from 1980 and tried to give me a bill at work and also had his lawyer send our family a bill to pay $300.00. I talked to my mother about this again and she said that she will have her lawyer send a copy of the August, 1981 will to my uncle and his lawyer. I do not know if this happened or not. I just received a court summons on Jan. 15th, 2010 by certified letter that my uncle is now suing the three of us for $3,696.00 for his lawyer fees and for his 4% of the estate he is entitled to from the will he was the executor on from 1980. This is not the correct will and he should not be involved with any wills, is this correct? I thought NY state was a community state and once a spouse passed, the surviving spouse automatically got everything and no will was involved in any way.
What do I do? I do not know what to think about this and would really appreciate some advice.
Thank you ahead of time to anyone that responds,
GWhat is the name of your state (only U.S. law)?
Here is what I know. My father passed away on Aug. 17th, 2008. My uncle was supposed to be the executor of my father's will he had a copy of dated April,1980. My mother, my sister and I were listed on the will as beneficiaries. My uncle and I work at the same place and he harassed me about my father's will and asked me if the family would pay the expenses of him looking into my father's background to see if the family had any money that he was entitle to as an executor. I told him to talk to my mother and that if we were liable, we would work it out. I told my mother what my uncle was doing to me at work and she said she would find the will my father left behind and talk to her lawyer about what was going on. My mother found the original will my father left behind dated August, 1981. My uncle was not listed on this will as executor. My Uncle swore he had the original will from 1980 and tried to give me a bill at work and also had his lawyer send our family a bill to pay $300.00. I talked to my mother about this again and she said that she will have her lawyer send a copy of the August, 1981 will to my uncle and his lawyer. I do not know if this happened or not. I just received a court summons on Jan. 15th, 2010 by certified letter that my uncle is now suing the three of us for $3,696.00 for his lawyer fees and for his 4% of the estate he is entitled to from the will he was the executor on from 1980. This is not the correct will and he should not be involved with any wills, is this correct? I thought NY state was a community state and once a spouse passed, the surviving spouse automatically got everything and no will was involved in any way.
What do I do? I do not know what to think about this and would really appreciate some advice.
Thank you ahead of time to anyone that responds,
GWhat is the name of your state (only U.S. law)?