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Two wills - remove executor

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What is the name of your state?
new york

My brother and sister in law died in jamaica, queens county, new york. my brother on jan 26,2003 and sister in law on sept 9, 2003. they both raised me and they always told me that i was in their will but i never asked them to tell me the details....this was just common courtesy. i stayed in jamaica, ny until 1980. they adopted 3 childrens, 1 boy and 2 girls. the boy was the executor of their will but he died on oct 3, 2003. he also lived in texas but we were never close. i am 20 yrs older than him. i asked one of my niece if there was an alternate executor of this will and she told me it was her and then her sister...she said this was general. she also told me that my brother and sister-in law wills were the same. i asked my neices to mail me a copy of my brother and sister in law wills she said she would but she did not. when my neices came to their brother's funeral on oct 9th., they told me that my sister in law's adopted neice has produced another will. she said it was drawn up and signed by my sister in law when she was in the hospital/rehabilitation facility. she took a lawyer with her to the hospital/rehabilitation. my neice said she questioned my sister in law's doctor about this and he said that my sister in law was not in her right mind when she was in the hospital/rehabilitation facility and the only way he would testify to this was if he was subpoenaed in court. (this niece is the same nice that my sister in law tired to sell their house to in jamaica when my brother was in the hospital in texas in 1995(he came to our sister funeral and got sick...he had an operation in texas). i also asked if she had a copy of this will and she said yes, i asked for a copy but she will not send me a copy. she then said I know what is coming to you and i will make sure that you get what's coming to you because you were in the 1st will but not in this will.i then asked her what is coming to me and she said they left me $5,000. she then named me all of the people that was in the 2nd will and they were my sister in law family including her and her sister and one god son. my brother and sister in law have property in queens county, ny, brooklyn, ny and little washington, nc. my neice said they have filed my sister in law neice's will in queens county probate court. I have mailed $30.00 to the casiher of the surrogate court in jamaica, ny-queens county requesting to see if a will has been filed in queens county probate court for my brother and sister in law. i am waiting on their reply. At first, my neices wanted to contest this will but they contacted a lawyer and he said it would cost $5,000.00. i want to know if a petition can be made to remove my sister in law's neice from being the executor of their estate? my niece also told me that my sister in law niece also told her that she wanted the 3 family house in brooklyn that belonged to my brother and sister - law. i would apprecate your opnion on this matter.

Dandy Don

Senior Member
Do you have any idea of how much the houses are worth each, and are they paid for in full or is there still a mortage on them that someone is making a monthly payment?

I think you have an excellent case for contesting this will (probably about a 75% chance of winning) but you have a few obstacles in your way.

If there is any way you can get your hands on the first will or if you could find out the attorney who helped them make the first will, maybe he has a copy on file. Your attorney would want to see the first will as evidence that you were originally named as a beneficiary--without the first will, your case is going to be harder to prove, although your attorney can tell you whether or not he thinks it is important.

The doctor's testimony is going to be very important and probably the most important factor in helping you win--he doesn't necessarily have to testify in court personally, he could give an affidavit in writing, but he probably will want to help you by testifying in court.

After you get the copy of the new will from the Queens County Court, then you can start talking to other probate attorneys to get their opinion about whether or not you should contest. You will also need to get fee estimates from other probate attorneys--it shouldn't be too hard to find one who will take your case for less than $5,000--can you afford to pay an attorney to take on your case? After you tell them the value of the houses that you can win, maybe that can influence them to take their fee after you sell the homes if you win.

It would seem that you were told a lie about being able to get $5,000 from the estate if they weren't willing to send you a copy of the will to verify that fact, but I guess only time will tell--you will know after you look at the will. Good luck to you in not letting these greedy relatives steal what is rightfully yours!

DANDY DON IN OKLAHOMA ([email protected])


Mr. Don,
first, i want to thank you for answering me. i wholeheardtly appreciate your reply to me. in answering your questions--i don't know exactlly the worth amout for each house, but i can estimate.
the house in queens county, ny is worth approximately $105,000.00. the three family house in brookly, ny is worth approximately $450,000.00. I don't know how much the house in little washington, nc is worth. Before, my sister in law died, she told me that it was a 3 bedroom house and her sister that lives there was the overseer of it....she would collect the rent for this house and provide the up keep of the property.

I cannot afford to pay $5,000 to an attorney to take my case.
I can afford to pay an attorney if it will be less that $5,000.
I just found out today that my job has a referral program for any types of attorney and me being an employee will get 25% off of their charges according to the lawyer that I choose. i will have to pay a retainer..at this moment, i don't know what a retainer means. i will definitely look into this tomorrow. again, thanks again for your reply to me. may god bless you.

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