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. My uncle was not appointed by
any court as executor. My uncle did all of this finacial digging work on his
own and now expected payment for this probate work he did under the wrong
will. 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,
G
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. My uncle was not appointed by
any court as executor. My uncle did all of this finacial digging work on his
own and now expected payment for this probate work he did under the wrong
will. 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,
G