What do you do?

[sweets53]

What is the name of your state? NY
When you feel a relative's will was created under false pretences,was probated 3 years ago, you were never notified of their passing, despite claims that attempts were made, (I live in New Jersey just one state away), and the money went to a synagogue that my relative had no connection too. I forgot to add he's been mentally disturbed his whole life, on Social Security Disability because of it and this can be substantiated? i know deep down in my gut that the executor and his lawyer orchestrated this whole phoney deal. We're talking about $1/2 million.

 

[proudwifey]

https://forum.freeadvice.com/showthread.php?t=387027

what did the lawyer say when you talked to him?

(sorry if i'm not supposed to answer the questions, but it was a repost from 3 days ago...just re-worded)

 

[sweets53]

He said he would send me a copy of the will, that he didn't probate it another lawyer did, that it would be difficult to overturn. i kind of got the impression he did everything to cover his tracks so that the finger of susupiscion was not drawn to him and his friend,
who happens to be my uncle's psychiatrist and the executor of his will. I will keep quiet until I get a copy of the will. He played it like he was my friend and he did everything possible to try and locate me at the time of death. He knows all the tricks. I won't throw my money away trying to overturn this. Maybe I can find a hungry lawyer willing to take a chance. The other lawyers are trying to sucker me into spending big bucks while they do absolutely nothing for me. I'm aware of the lawyers' games they play with people. Namely they claim to do everything possible until your money runs out. Another possiblilty is to confront the synagogue with this information and try to strike a deal with them or else threaten to take them to court.it's bush league but might be worth the gamble. i could also accuse the lawyer after he sends me the will but don't want to get hit with a slander suit. Almost a half million dollars my screwy uncle accumulated while eating out of garbage cans and soup kitchens like he was a bum. I begged my father to keep in touch with the screwball but he got tired of the nut case. I'm way more persistent than my father was, a real bulldog. I'm all ears.

 

[Dandy Don]

If you don't already have a copy of the will that was probated, get one from the county courthouse surrogate court so you will have something to present to the attorney, unless you want to ask him to look at the entire probate file to see how the estate was handled.

Main thing you want your attorney to answer before you hire them is has the statute of limitations expired for you to contest this will. Also ask if you could perhaps file a claim with the executor bonding company to recover damages, IF you can find evidence in the probate file that an executor's bond was posted (unless the will specifically exempts that requirement).

Do NOT go to the synagogue with anything in regard to this matter. They will only dig in their heels to reaffirm the right to this money and they have attorneys to defend them.

You had ample legal grounds to contest this will IF you had been notified and if there is nothing in the probate file to prove the executor made an attempt to contact you that is even more evidence in your favor. Do not pay out hefty legal fees for a retainer until you find an attorney willing to be upfront with you and who can quote the specific laws that will work in your favor in supporting your legal case.

DANDY DON IN OKLAHOMA ([email protected])

 

[sweets53]

I'll follow your advice and try to find a lawyer who doesn't have liar as his middle name. One already quoted me hefty fees just to look at this case. I know how that game is played. They say you have a teriffic case as long as you keep paying them. In actuality they do nothing cause you keep paying. If I can find one hungry enough who'li take it on consignment like an accident case I'll negotiate a fee with him. In my heart of hearts I believe the psychiatrist who was my uncle's shrink, conspired with his lawyer to take his money when he died. They even gave it to another probate attorney to probate the will. The thing is I have to prove my uncle was nutz and a fraud was committed.The lawyer acted all friendly like says he's going to mail me the will. Lets see what happens. Thanks.

 

[Dandy Don]

Maybe there is something in his medical records that would comment on his mental competency and hopefully an attorney or another doctor could advise you on whether you could get access to those and under what conditions.

You may even want to do the research yourself on New York State law online.

 

[sweets53]

The guy was on SSD his whole life for mental problems, in and out of psychiatric institutions, never held a job. There's even a video of him on YouTube talkng to his reflection in a phone booth on a Manhattan street. It shouldn't be too difficult to prove he was a genuine nut case. For a lawyer willing to do some research it should be a piece of cake. But too many of them just wanna take your money and fake the whole thing. The system is ass backwards. I won't give a dime to a lawyer like that. Too bad I don't have one in the family up here in NYC.

 

[sweets53]

I need to obtain medical records

To prove my case that my uncle was mentally incompetent, I need to obtain medical records from the State of New York, (he was a ward of the State), had a social worker handle his affairs and was on Social Security, he was on SS Disability his whole life for mental incompetence. I want to obtain these records in and around the date his will was drafted August 28th, 2007. I am running into a brick wall and need to find a way to obtain these records to present to NYC Surrogate's Court.
In addition my father, his only living relative was never given notice when the will was probated four years ago. So how can I make my case if I can't obtain these records?

 

[Dandy Don]

Explain what you mean by the "brick wall"--have you had an attorney's assistance to try to get these records or are you trying to request them on your own? What agency was this social worker with? With an attorney's assistance it should be fairly easy for you to get a court order to get the records you need from the Social Security Administration.

DANDY DON IN OKLAHOMA ([email protected])

 

[sweets53]

Social security and Medicare has the medical records, social services for the City of New York has a medical file and an organization called Projectfind.org that had a social worker handle his financial affairs and put him in an apartment in Manhattan will not release his medical records without a court order. How do I get one on my own without a lawyer?

 

[Dandy Don]

Contact the county courthouse surrogate court (family law section or probate section) and ask for the relevant forms to request a court order to get the records released (you may need to request 2-3 separate court orders, one for each of the government records (Social Security and Medicare) and one for the projectfind records. Fees should be relatively inexpensive and hopefully they won't tell you that you need an attorney to do this, but even if they do it is worth the expense when you are dealing with a million dollar estate. It does not make sense for you to try to do this without an attorney's help since they may have the specific knowledge you need to get the information to win your case. Not all attorneys are money grubbers--you just have to interview 5-10 before you find one really willing to help.

DANDY DON IN OKLAHOMA ([email protected])

 

[sweets53]

Mental Heath Records

To whom do I write to obtain a copy of mental heath medical records of my late uncle. He was a ward of the State of New York, on Social Security Disability for mental disorders, received Medicare benefits and possibly Medicaid and was a resident of New York City. He died April, 2003. I believe I would need mental heath records at the date of the signing of his will, in August of 1997 to prove he was mentally unstable.