• 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.

surrogate court

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

B

bbericsson

Guest
What is the name of your state? NY
My father died, leaving a WILL naming me as sole ben. He had been in a car accident, hired an attorney, but died before any settlement. Settlement has been made, 3 years later. Because of multiple marriages, 4th wife died, 3th wife claiming they were not divorced. The estat administration has completed investigations and everything is ready for surrogate count. Administrators recommendation is that I should recieve proceeds from the estate. I live in Sweden. Contacted attorney for the estate. She suggested I have an attorney present to represent me or write a letter to the surrogate judge stating my concerns. What should be included in the letter??? What are the chances that I will be named as the recipient? And, not wife #3 who has not been able to substantiate her claim in 3 years.
 


Dandy Don

Senior Member
If the attorney for the estate wasn't more specific about what your concerns were, she is leaving it up to you to specify exactly. Did you mention any concerns when you were speaking to her?

If I were you I would start out your letter by first thanking the estate attorney for responsibly and patiently and thoroughly handling the professional obligations. Then I would ask what provisions should I make or what steps should I take in the unexpected event that someone (a child of one of the surviving wives) might come along later to contest the will? Should you set aside a certain amount from the estate in a trust account or savings account or not? Were the investigators able to find actual divorce papers on file in court for the 3rd wife?

It doesn't look like you have much to be concerned about--since a thorough investigation was done, and since you were the only beneficiary named in this will, you will get the money free and clear. Ask the estate attorney to get an opinion from a local CPA what your federal tax liability will be and what documents, if any, you will need to file with the IRS.

DANDY DON
 
B

bbericsson

Guest
bbericsson said:
What is the name of your state? NY
My father died, leaving a WILL naming me as sole ben. He had been in a car accident, hired an attorney, but died before any settlement. Settlement has been made, 3 years later. Because of multiple marriages, 4th wife died, 3th wife claiming they were not divorced. The estat administration has completed investigations and everything is ready for surrogate count. Administrators recommendation is that I should recieve proceeds from the estate. I live in Sweden. Contacted attorney for the estate. She suggested I have an attorney present to represent me or write a letter to the surrogate judge stating my concerns. What should be included in the letter??? What are the chances that I will be named as the recipient? And, not wife #3 who has not been able to substantiate her claim in 3 years.
 

Find the Right Lawyer for Your Legal Issue!

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