Brooklyn, NY asked in Estate Planning for New York

Q: I have some estate matters that my siblings and I have to address as it pertains to our father. The situation is comple.

In short, our father passed away in 2012 and 2-3 years after his death step mother created an estate to collect a settlement from a lawsuit. She fraudulently claimed in this estate filing that my father had no children. She is currently being prosecuted by the Brooklyn DA's office. We are trying to find out what she was entitled to since my father had a will. She is seeking a plea deal and claims she can come up with some of the money. We need to probate the will and set up a new estate. Thank you

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1 Lawyer Answer
Benjamin Z. Katz
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Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: If the Will has already been probated, one of you can apply to be substituted as the Executor.

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