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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9035
Experience:  Since 1983
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As my mother's caregiver, do I have any special rights over

Customer Question

As my mother's caregiver, do I have any special rights over my siblings in regards ***** ***** will?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Marsha411JD replied 3 months ago.


Thank you for the question. Can you be more specific about what you are wanting to know? Are you wanting to know if your status as a caregiver either overrides the terms of a Will or gives you more rights to your mother's estate? If not, can you explain your question in more detail?

Customer: replied 3 months ago.
Hi - this was an example question listed below/ but I was my moms caregiver until she died during which my brother and sister who had not taken care of her at all, or hardly seen her, moved her to the state my brother lives in because he feared my mother would leave me the beach house she lived in that she opened for 30 yrs. My brother, a lawyer, forced a sale of the house, in fact, so I would not inherit it. However he so neglected my mother that I had to move to NY to take care of her there. My mother in her last two years, sadly, realized my brothers nature and put my name on her house deed and bank accounts. Even with this my brother and sister cleaned out the house, arguing i didn't inherit the contents, and my brother nearly completely drained her accts bf I could get them, which left me with no money, just the NY house. He has repeatedly over the years, stolen whole contents of family estates with impunity- I just wondered, since he is so vicious and I was so fatigued from dealing with him and taking care of my Mom- and having to move- I did not have the strength to challenge him at the time. Can I still challenge and report him for improprieties and a long (over 20 year) pattern of malfeasance with both the courts and intended distribution of assets- he took it all- ?
Expert:  Marsha411JD replied 3 months ago.

When did your mother pass away and when did your brother and sister take the things you are wanting to contest?

Customer: replied 3 months ago.
Remember, he has also committed fraud on the courts and I am concerned bc I have just found out that he has been made executor of my 70 year old sister's estate. she is a widow with no children - my brother refuses to show me the will, even tho he forced me to show him my Mom's. As one of the natural heirs, I believe I have a right to see it and to challenge his appointment as executor bc of his history. my Mom died in 2008, and I understand the statute of limitations, but I also know that committing fraud on the court as a court officer is not the same statute - and it may be tackled another was. Thanks!
Expert:  Marsha411JD replied 3 months ago.

I am going to have to leave my office for a meeting, so I am going to opt out of the question and allow another Expert to assist you. They will let you know when they have an answer for you. It shouldn't be too long.

Expert:  N Cal Attorney replied 3 months ago.

New Expert here.

Was your sister's will filed for probate in Court? Was your Mon's will filed for probate?

Customer: replied 3 months ago.
no neither was
Expert:  N Cal Attorney replied 3 months ago.

They have to be filed for probate. You can get an order for production of the will under

New York Surrogate's Court Procedure Act § 1401.

 Proceeding to compel production of will -

Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized under the succeeding section of this act to present a petition for the probate of a will, that there is reasonable ground to believe that any person has knowledge of the whereabouts or destruction of a will of a decedent the court may make an order requiring the person or persons named therein to attend and be examined in the premises.  Service of the order must be made by delivery of a certified copy thereof to the person or persons named therein either personally or in such manner as the court shall direct.  The court may either in the order or otherwise in the proceeding require the production and filing in court of any will of the decedent which it finds is in the possession or under the control of the respondent.  The court may impose the reasonable attorneys fees of the petitioner in such a proceeding against a respondent when the court determines the respondent did not have good cause to withhold production of such will or codicil.


The Executor named in a will has no legal authority to act as executor until appointed by the Court.

The provisions of the wills are generally enforced and it does not matter if one child acted as a caregiver - that is not a factor in interpreting a Will.

You can get a free consultation from some of the NY probate attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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