Uncle suing family after father passes and has the wrong will.

[gtnorman]

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

 

[gtnorman]

I believe my uncle and his lawyer did probate on their own using the wrong

will.

My mother, sister or myself have never received anything from my uncle or

his lawyer about the will he is using until my uncle wanted his lawyer fees

paid and then this all happened.

The will my mother has is solid as a rock. The will was taken care of by a

lawyer the way it is supposed to be done. The executor of the current 1981

will has a close friend of my fathers listed. All of the i's were dotted and

the t's crossed on the 1981 will.

Yes, the will was witnessed.

My mother's attorney considered the 1981 will very valid and told us we had

nothing to worry about.

The expenses he is suing us for included the following: the failure to pay

estate expenses and the 4% of what he feels is the value of my parents

property and what he feels he deserves as executor of the wrong will.

 

[dee_dub]

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?

As I understand your story, yes, that is correct. The valid will is likely the 1981 will that does not name him as executor. However:

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.

This sounds like maybe you were all mistaken and thought he was executor, and he's done something that has in fact benefited the real executor of the estate (by doing all the legwork), and he may be entitled to payment on a quantum meruit basis (that is, reasonable compensation for his work).