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Court Decides if Letters Testamentary Should be Issued


A man who had three children by a first marriage married a woman who had five children of her own. When she married her husband, her husband sold the house he owned and moved into the house of his second wife.

Sometime in Aprill 22, 2009, the man died a month after he executed a will. In this will, he named his daughter by his first marriage and her husband as the executors of his will. The couple was the ones who presented the will for probate. And they also asked the probate court to issue letters testamentary in their favor in accordance with the provisions of the will of their father.

The second wife of the testator objected to the probate of the will on the ground that her husband has had two major strokes and numerous mini strokes all throughout his confinement in a nursing home just prior to his death. He was diagnosed to be suffering from dementia and so he could not have known or understood the contents of the will he purportedly executed.
The second wife also objected to the probate of the will on the ground that the consent and waiver she signed with regard to the probate of the will was obtained under duress. She claims that she was hospitalized for dehydration and the children of her husband from his first marriage made her sign papers which were supposed to make her a member of Medicaid. A New York Probate Lawyer said he claimed that after she was released from the hospital, she was admitted into a nursing home and she found out that her step children succeeded in transferring the title to her house to her husband’s name alone and then they succeeded in making him sign a will where he provided that the house will be put in trust for the benefit of his children from his first marriage and for his wife’s children from her first marriage in equal shares.

The woman said that the house is her own property and not her husband’s so that he cannot dispose of it by will. She also claims that the children of her husband from his first marriage had succeeded in removing the house from the trust set up by her husband and has transferred the house into the name of the named executor of her husband’s will.

The second wife of the decedent objected to the issuance of letters testamentary in favor of her husband’s daughter by his first marriage. Suffolk County Probate Lawyers said she claims that she is unfit and because issuing letters testamentary will empower the daughter of her husband to sell her house ant o divide the proceeds among the heirs.

The only question before the probate court was whether or not the letters testamentary should be issued.

The Court held that the letters testamentary should be issued because no facts have been put forward by the second wife of the decedent who opposes her stepdaughter’s designation as executrix of her husband’s estate. Brooklyn Probate Lawyers said the allegations must be bona fide facts alleging misconduct or wrongdoing. When there are serious allegations of unfitness of the executor, the court may refuse to appoint the executor and issue letters testamentary.

The appointment of an executor and the issuance of preliminary letters testamentary are necessary to allow for the administration of the estate where the probate of the will may be delayed. The Court then issued letters testamentary to the named executors of the will with the specific prohibition from selling the house which is the subject matter of the disposition of the will.

Are you like the second wife in this case? Has your house been the subject matter of disposition in the will of your husband even if it does not form part of your husband’s estate? You may contest the probate of the will and file an opposition to contest the will. You need the advice and assistance of a King’s County Will Contest Lawyer who can help you present evidence to show that the will was not properly executed. A King’s County Will Contest attorney can help you gather evidence to show undue influence on the testator by the named executor or lack of testamentary capacity by the testator. Come and consult with any of the King’s County Will contest attorneys at Stephen Bilkis and Associates who are willing to help you. Visit the offices of Stephen Bilkis and Associates today.

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