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Tue 13 Nov, 2018 06:42 am
My father passed away this year and all I could find was his old will. It was written before my brother and I were born and left everything to my grandparents. The second of my grandparents passed in 1990. My mother and brother have both passed as well. I am the only one left of my family.
My dad has a new will and told me I would be the executor, but I cannot find it. I believe he mistakenly threw it out when he quickly packed to move in with me for hospice care. He threw out a lot of important papers by accident in his rush.
The NY judge at first said it would not be a problem, but has now changed her mind. She seems to want it to go to my grandparents estate which would then go to my aunt who he hasn't seen in about 30 years. I did find a law in NY that says if a will is written before any children are born then they are entitled. The judge is claiming she has to follow the will because it was written "I leave everything to my parents now , forever and always."
I will speak to my lawyer today for an update, but why wouldn't the judge have to follow the rule about children born after the will? I wish all wills had to be registered to avoid situations like this. My father would be so upset to know my aunt would get his estate and not his daughter.
Thank you for any insight or ideas.
This might turn out better than you think.
You would seem to be the next of kin. Make sure you have your birth certificate or other proof that you are his daughter.
This is going to probate court. You must get a lawyer, one who specializes in estate matters.
@laurap,
Do you know who his lawyer was when the second will was written?
Update on this as of 1 hour ago.
I found a business card from an attorney in my dad's papers. I called it with high hopes and it turns out they did his new will in 2012. There was no will for me to find because they were holding it. I have no idea how he expected me to find them. Dad also told me I was the executor, but I am not. The attorneys are the executors and I am the trustee.
I also learned that dad had left it 50/50 for my brother and myself, but I was to be in charge of my brother's half. That would have been a lifetime of aggravation for me. I am sad my brother is gone, but he would have resented me for life had he been alive.
Thank you for reading an responding and hopefully all will go well now.
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