• 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.

Uncle suing family after father passes and has the wrong will.

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

gtnorman

Junior Member
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)?
 


Zigner

Senior Member, Non-Attorney
Was the uncle actually appointed by the courts as executor?

(No, the wife doesn't automatically get everything)
 

gtnorman

Junior Member
Uncle was not appointed by court.

No, to my knowledge my uncle was not appointed by a court as executor.

We have received no documentation from any court saying my uncle was executor.

Thanks,
G
 

curb1

Senior Member
He is not the executor then. His authority is granted by the court. Did this go to probate?

How solid is the will from August, 1981? Witnessed? Did your mother's attorney consider it a valid will?

What is included in the January 2010 bill? What work was done? Sounds ridiculous.
 

gtnorman

Junior Member
I will try to answer the questions asked.

I believe my uncle and his lawyer did probate on their own using the wrong will.

My mother, sister or myself have never received anything from my uncle or his lawyer about the will he is using until my uncle wanted his lawyer fees paid and then this all happened.

The will my mother has is solid as a rock. The will was taken care of by a lawyer the way it is supposed to be done. The executor of the current 1981 will has a close friend of my fathers listed. All of the i's were dotted and the t's crossed on the 1981 will.

Yes, the will was witnessed.

My mother's attorney considered the 1981 will very valid and told us we had nothing to worry about.

The expenses he is suing us for included the following: the failure to pay estate expenses and the 4% of what he feels is the value of my parents property and what he feels he deserves as executor of the wrong will.

I hope I answered all of your questions and thanks,
G
 

anteater

Senior Member
Go down to the Surrogate's Court to find out what, if anything, was ever filed.
 
Last edited:

gtnorman

Junior Member
Okay, I will check with surrogate court to see what was filed.

After that, then what do I do depending on what information I find out?

Thanks,
G
 
anteater has cut through the rubbish and given your answer. I think an attorney is appropriate, but understand money issues. Still, what he said.
 

curb1

Senior Member
This is what I don't understand. You said, "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".

What did you, or your mother, do after your "father passed away on Aug. 17th, 2008"? Why did it take so long for your mother to find the will?

Then you said, "she said that she will have her lawyer send a copy of the August, 1981 will to my uncle and his lawyer". Why wasn't that done? That would have nipped this whole problem immediately. Or, why not a simple phone call to "Uncle" to let him know there was a later will?

And, why would "Uncle" do any of this without talking to the three beneficiaries? Just doesn't make sense for everyone involved. Is this a true account?
 

anteater

Senior Member
And, why would "Uncle" do any of this without talking to the three beneficiaries? Just doesn't make sense for everyone involved. Is this a true account?
Or uncle and the attorney are trying to pull off a really cool scam!
 

hermes77

Member
This is easy. First relax. It'll be ok.

You, your mother, the attorney, and anyone else the attorney wants go to court on the day and time of the summons. The wills will be presented to the judge, he'll decide. Done deal. In the interim, find out if the will was recorded with the couty clerk, and if so, bring a certified copy of the latest will to court.
 

gtnorman

Junior Member
This is really happening. I can not believe this myself.

I will try to answer your questions.

This is really happening and I do not believe this is happening myself.

My mother and I do not know much about wills and the NY state laws. My mother took so long to find the will because I believe she was in a very deep depression from my father's death and that everything would automatically go to the surviving spouse in NY state so she did not have to worry.

I asked my mother about the will that was supposed to be sent to my uncle and his lawyer. My mother said that she thought the lawyer sent it and is going to check to see if the lawyer sent the 1981 will to my uncle and his lawyer.

My mother was going to call my uncle about this, but my mother's lawyer said not to worry about this and my mother's lawyer said he was bluffing and found out there was another will and he just wants us to pay his expenses. My mother's lawyer said family would not do this to family, my uncle would never take us to court. So, my mother left everything alone.

My uncle has done this before to other people and has gained much money from these situations. I believe my uncle was stumped that my dad did not have any money and my uncle owed his lawyer for looking into my father's finances and wanted us to pay for his digging for gold per say. We never heard anything official from my uncles lawyer or my uncle, even after pleading to my uncle to call my mother and talk this over. I asked my uncle to give me copies of the documents he had and he refused to give me what he had. He never brought that up again and just wanted us to pay his lawyer fees. We received no paperwork or anything letting us know early on that my uncle was doing this. Shouldn't the benificiaries received something in the mail saying that he was starting probate or something to let us know that we should look for the 1981 will asap to let him know that he had the wrong will? I do not get why he would be so sneaky and go behind our backs and start a process like this and almost 18 months latter, take us to court for his share of money he feels deserves. I do not get it at all!

My mother is going to sit down with her lawyer and ask a lot of questions in two days. I will meet with her lawyer as well if it becomes necessary.

Am I missing anything and what else should I do?

Thanks to everyone for their responses,
G
 

anteater

Senior Member
The wills will be presented to the judge, he'll decide.
The wills are irrelevant. This is not about which will is or is not valid.

gtnorman: Shouldn't the benificiaries received something in the mail saying that he was starting probate...
Yes. Which is why it seems unlikely that your uncle actually submitted anything to the Surrogate's Court.

Am I missing anything and what else should I do?
To repeat:

1) Call or go to the Surrogate's Court to see if anything was done to open probate. This is just a time and fee saver since your attorney would do it anyway.

2) You do what your attorney says.
 

Find the Right Lawyer for Your Legal Issue!

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