I am an Executor in a New York probate
case with Objections filed based on Undue Influence and the Will contains an In Terrorem
There has been a partial settlement after Section 1404 Hearings went no where and the Plaintiff in the case more or less hit the estate
with a Strike Suit to bully a favorable Settlement, and he failed miserably. The Demand Deal was to bring Non-Probate Assets
back into the probate estate.
I refused Settlement for 3 years and lo and behold - the Plaintiff turned tail and ran when it came time for them to go to Trial and they refused to press on.
They received a partial settlement of remaining estate funds.
There is $19,000 remaining in personal property to be distributed.
The Plaintiff is rattling cages for hurried property distribution.
At the same time, this Plaintiff and another sibling have sued in civil complaint in New York Supreme Court - Special Term for attacking the non-Probate assets.
The In Terrorem clause specifically reads that such a suit is in violation of the terms of the Will and the Beneficiary should be in forfeit of remaining estate distribution.
Should I file a Pro Se Order To Show Cause at Surrogate's Court to demand a Will Construction under SCPA 1420 and seek their removal from further probate distributions as contemplated by the Testator's Intent ?
I am represented by a NY Attorney - but wish to take this step myself at this late date.
I believe the move will cut off potential fiduciary claims as to the personal property so the move for an Order to Show Cause would also be an offensive strike against such a move.
I would rather move Pro Se.