Will signed with AKA Name I Need Case Law Info. Any Help Out There?

[StuckinNewYork]

State : New York.

I am looking for any case law which deals with names used on a will, both the name the person claims is the legal name and also a "AKA" name. but then only signs what the person is using as a legal name.

Reason why: My mother went back to her maiden name of Rissia Orlowa after divorce. She used that name on her will, and also gave a "AKA" Name of Resea Orlova in the opening statement of the will.

When she signed the will she only signed as Rissia Orlowa.

Now my mother was not a citizen of this country untill she made a petition to the courts in 1955 to become a citizen. She was given citizenship as Rissia Fedoreshenko, not Rissia Orlowa.

I am looking for any legal cases which might say she needed to list the AKA name of Rissia Fedoreshenko, her name for citizenship and marriage as well as the name she did in fact put down as a AKA name.

Seems to me that is she acknowledged a AKA name I didn't know and felt she had to do that, she should have also used the married name.

So any way I am looking for any cased which address that, andthing I put in for search does not yield what I need.

Any help is appreciated.

 

[anteater]

Pretty much scraping the bottom of the barrel for grounds to contest the will, eh?

Legal research is what attorneys get paid for. DIY'ers end up shooting themselves in the foot.

(But my Magic 8-Ball is telling me that all the executor would have to demonstrate is that Rissia Fedoreshenko and Rissia Orlowa are the same person and that she - or they, as the case may be - is the one that signed the will.)

 

[Dandy Don]

There is no case law that relates to what you are asking.

What is the purpose of your question or what are you trying to achieve? She did nothing wrong by putting both her maiden name and her married name on her will. In fact it probably helped to identify her in case anyone had any confusion about who she really is.

 

[StuckinNewYork]

AKA names on will....

RE: She did nothing wrong by putting both her maiden name and her married name on her will. In fact it probably helped to identify her in case anyone had any confusion about who she really is.

If she had put both names on the will I would not be annoyed. What has happened is that the lawyer, knowing that the Church mis-spelled her name on all there paper work, mis-spelled her name as a AKA on the will.

My mother was in such a state that she did not list her married name, the very name she obtained her citizenship in, and aquired real estate in. Thus in my opinion she should have used the AKA Rissia Fedoreshenko to help identify her.

Instead she has only added fuel to our fire where in we claim she did not know enough, or was "sound of memory" enough to list her married name, also the name the government used to extend citizenship to.

Of course I know that she is one and the same person, but did SHE?

An I grabbing as the bottom for items, sure, but I figure the more I can raise questions as to her competency, the better off we are in this will contest.

 

[Zigner]

You do realize that this never was YOUR money in the first place, right?
From the tone of your post, her wishes were clear and were clearly laid out in her will. You just seem to be a bitter, money-hungry person (based on your post)

 

[StuckinNewYork]

Do you have any idea how silly your post is?

First off. The family consists of 6 children, one a step daughter, and 5 natural born children. 20 something grandchildren and 5 or so great grandchildren.

2 members of the family were listed in the will, both incorrectly named and no addresses and one person listed doesn't even and never did exist, who she claimed to be a great grand child!

The estate is worth about $250,000. So if we are money hungry, how far do you think this estate, that the county government has a lien against for $110,000 of medical expenses, that my mother aquired thru fraud, is going to go?

Then add to that the chunk IRS will no doubt take as she defrauded them for over 20 years, not paying taxes on her income or her "back yard store".

You don't understate that our goal, in the end is simply to get back our personal belongings..... school report cards, birth certificates, family photos.... and personal items left in her home for safe keeping.

Unless we over turn this will, our personal items will be gone, as all has been willed to the church, a charity and a neighboor SHE hated.

You have a heck of a nerve to be nasty or are you just a dummy, who takes pleasure in annoying.

 

[rowz]

It is very easy to challenge this will.











All you need is 10K [+ or -] [for openers], 2 years [or so] so slog thru the prodcedures, and a lawyer willing to take it.

Or write a nice letter to the Executor and you could get you the items of a personal nature that you are saying that you are looking for. What you will not get is unfettered access to the estate and the chance to root around looking for those items.

Oh...and the personal items left there for safe keeping.

Too late! without a receipt or a list of some sort, those items are now part of the estate.

How long did you get free storage and how long was Mom in such a state that a prudent person would have gotten their stuff out of there while they stil could?

 

[Zigner]

First off. The family consists of 6 children, one a step daughter, and 5 natural born children. 20 something grandchildren and 5 or so great grandchildren.

2 members of the family were listed in the will, both incorrectly named and no addresses and one person listed doesn't even and never did exist, who she claimed to be a great grand child!

The estate is worth about $250,000. So if we are money hungry, how far do you think this estate, that the county government has a lien against for $110,000 of medical expenses, that my mother aquired thru fraud, is going to go?

Then add to that the chunk IRS will no doubt take as she defrauded them for over 20 years, not paying taxes on her income or her "back yard store".

You don't understate that our goal, in the end is simply to get back our personal belongings..... school report cards, birth certificates, family photos.... and personal items left in her home for safe keeping.

Unless we over turn this will, our personal items will be gone, as all has been willed to the church, a charity and a neighboor SHE hated.

You have a heck of a nerve to be nasty or are you just a dummy, who takes pleasure in annoying.

I'm sorry - that all just kind of blurred up for me. I'll stand by my prior post.

As rowz said - if all you want is your stuff back, try asking nicely

 

[anteater]

You don't understate that our goal, in the end is simply to get back our personal belongings..... school report cards, birth certificates, family photos.... and personal items left in her home for safe keeping.

Unless we over turn this will, our personal items will be gone, as all has been willed to the church, a charity and a neighboor SHE hated.

Why do I have a hard time believing this? I must be getting unduly cynical in my old age.

This image of a Bishop, a Salvation Army colonel, and a crazy neighbor in a free-for-all to get hold of those report cards keeps popping into my head. Maybe I saw it in a Monty Python episode.

 

[Dandy Don]

Who is serving as executor? A family member or an attorney hired by the beneficiaries or appointed by the court?

Is there any specific language in the will where she gives a reason as to why some of the children are not mentioned/disinherited?

 

[StuckinNewYork]

Framily Problems to Report Cards to Crazy People running round looking for a will.

It seems many of you posting are just amusing yourself. So to keep those of you on that trail interested, I will explain some things. And to those of you who might be able to offer help I say thanks and maybe what I will say next might help you to help me.

My mother was a forced laborer in Germany DWAIG camp in Berlin at the age of 15. She was raped, lost a child there and in general abused. After the war she met my father had a child with him, who she gave away during the time my Dad was back in the USA, trying to re-enlist and get back to her. When he returned the child was gone. She ofcourse never had the same story for the missing child when asked. She came to the USA as the bride of my father, had me, lost another child, and had two more. As long as I can remember my mother I thought was odd to say the least. One second she would be kissing you on the mouth and the next she was beating the crap out of ya.

It was not until I was grown and learned about the children I refer to above and what happen to her. I and my father felt her experiences may have caused her to have PTSD or some kind or depression. She refused to see a doctor saying all she needed was a priest.

AS for the will not mentioning her natural born children. It does. It says "acknowledges 3 children and choose to leave them nothing". The children are not named, no addresses, nothing to say who the children are. However we know that there were 4 live births, 1 still born or so that is what we were told, and one step sister. So that makes 6 kids. So who is she acknowledging?

I think she didn't remembed which kids were alive and so left the names out. The last time I saw her in person she though I was my sister Marie. She also told people that the lady named in the will. the administrator, was an adopted daughter. No proof anywhere that we have discovered shows that to be true. She had 10 grandchildren and listed two, one with the right name and one with a totally incorrect name. She listed a great grandchild only because my daughter had just sent her a picture of him with her address. The others she told no one about at the time of the signing of the will. Certainly the lawyer did not know she had this large of a family.

Anyway we in the family just let her do what she wanted, as if we did not we would find ourselves with tons of problems. Anyway my mother kept everything, and when we tried to get our things back she would pull the "I don't know where it is right now" thing. I never really worried about it as I though the time would come and we would get our things back naturally so to speak. After all when a person dies, who would want personal items left behind, like report cards, birth certificates, photos but the family members themselves?

Certainly a charity or any non family member would not want these. So yes when we found out about the will, two family members went personally to the named administrator and one contacted by phone. We were all told the same thing, "sure you can have these items", then we were all informed in court by the lawyer that the administrator was being bothered, and wanted no contact with family members, and that the contents belonged to the administrator and that was that. So asking nicely works when one is dealing with a nice person.

AS for the estate itself. One can not get blood from a stone. Thus far my mother frauded Ulster County Medicaid to the tune of between $70,000 and the medical pay off of $110,000. To those "unduly cynical" hey take a house that is worth $125,000 subtract $70,000 and what do you get? $55,000. Now take away court expenses, the cost of hearings, the cost of the administrators lawyer and what do you think you are going to get?

I have no idea, but I would say all that will cost the estate about $15,000. So now we are down to $40,000.

Now take into account the IRS, and NYS both who has not been paid taxes since 1995. What do you think they are going to want on unreported income from a home occupation that was a retail store within her home?

So do some of you really think that even if the will is over turned and it is declared that she died intestate, that we are going to "get something" from this estate other then our "report cards" ;0) LOL.

 

[Zigner]

Very nice - you even managed to insert the violins playing in the background

Look, the stuff may be gone. Not that it matters, since the report cards for a minor are NOT the property of the minor. Move on. It's really that straight-forward.

It seems many of you posting are just amusing yourself. So to keep those of you on that trail interested, I will explain some things. And to those of you who might be able to offer help I say thanks and maybe what I will say next might help you to help me.

My mother was a forced laborer in Germany DWAIG camp in Berlin at the age of 15. She was raped, lost a child there and in general abused. After the war she met my father had a child with him, who she gave away during the time my Dad was back in the USA, trying to re-enlist and get back to her. When he returned the child was gone. She ofcourse never had the same story for the missing child when asked. She came to the USA as the bride of my father, had me, lost another child, and had two more. As long as I can remember my mother I thought was odd to say the least. One second she would be kissing you on the mouth and the next she was beating the crap out of ya.

It was not until I was grown and learned about the children I refer to above and what happen to her. I and my father felt her experiences may have caused her to have PTS or some kind or depression. She refused to see a doctor saying all she needed was a priest.

AS for the will not mentioning her natural born children. It does. It says "acknowledges 3 children and choose to leave them nothing". The children are not named, no addresses nothing to say who the children are. However we know that there were 4 live births, 1 still born or so that is what we were told, and one step sister. So that makes 6 kids.

I think she didn't remembed which kids were alive and so left the names out. The last time I saw her in person she though I was my sister Marie. She also told people that the lady named in the will was an adopted daughter. No proof anywhere that we have discovered shows that to be true.

Anyway we in the family just let her do what she wanted, as if we did not we would find ourselves with tons of problems. Anyway my mother kept everything, and when we tried to get our things back she would pull the "I don't know where it is right now" thing. I never really worried about it as I though the time would come and we would get our things back naturally so to speak. After all when a person dies, who would want personal items left behind, like report cards, birth certificates, photos but the family members themselves?

Certainly a charity or any non family member would not want these. So yes when we found out about the will, two family members went personally to the named administrator and one contacted by phone. We were all told the same thing, "sure you can have these items", then we were all informed in court by the lawyer that the administrator was being bothered, and wanted no contact with family members, and that the contents belonged to the administrator and that was that. So asking nicely works when one is dealing with a nice person.

AS for the estate itself. One can not get blood from a stone. Thus far my mother frauded Ulster County Medicaid to the tune of between $70,000 and the medical pay off of $110,000. To those "unduly cynical" hey take a house that is worth $125,000 subtract $70,000 and what do you get? $55,000. Now take away court expenses, the cost of hearings, the cost of the administrators lawyer and what do you think you are going to get?

I have no idea, but I would say all that will cost the estate about $15,000. So now we are down to $40,000.

Now take into account the IRS, and NYS both who has not been paid taxes since 1995. What do you think they are going to want on unreported income from a home occupation that was a retail store within her home?

So fo some of you really think that even if the will is over turned and it is declared that she died intestate, that we are going to "get something" from this estate other then our "report cards" ;0) LOL.

 

[StuckinNewYork]

No.

No. We move on when we make our point... Violins and all. Are you a lawyer or just a nasty person?

 

[Dandy Don]

What can you tell us about the circumstances of how the will was written--do you think she had an attorney do it or did she write it herself? Is it signed by at least 2 witnesses? Do you suspect undue influence by the church or by the administrator?

Would you have access to her medical records to see if she was taking prescription medications or suffering from a disease that would have affected her judgment/mental competency?

About the only thing you can do now is take it to a probate attorney to have it evaluated to see how strong or weak of a case you have for contesting. Which would be expensive in attorney fees. Or ask the attorney if he would be willing to present a motion in probate court to specifically request the personal items you want back.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

No. We move on when we make our point... Violins and all. Are you a lawyer or just a nasty person?

There's a difference?