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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33531
Experience:  30 years experience in the practice of estate law.
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My father recently passed away. He lived in Upstate NY. My

Customer Question

My father recently passed away. He lived in Upstate NY. My siblings and I are scattered in different states. would I be able to file a contesting of the will where I live or would I have to do it in NY? My father was married 3 times. he and his first wife had a daughter from that marriage. He then divorced that wife after about 7 years of marriage and immediately married my mother. they were married for almost 37 years and had my brother and I. my father within that marriage retired from the department of corrections(NJ) and received a pension. he and my mother then brought a house in upstate NY in 2000 ( I believe). They remained there until my mother passed away in 2007. he kept the house and remarried for the third time in 2008. When I went to the funeral that wife told me there is a will and that she gets the house. When looking more into it. I found out that the house was just signed over to her. He was put in hospice at the end of September and the house was not signed over to her until 10/19 of this year. considering he was already in hospice would that be legal to do?and is she entitled to his pension considering she didn't come into the picture well after he had already retired?Also if she won't give us a copy of the will that she claims existed, what is our recourse?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Loren replied 8 months ago.

The appropriate venue to contest the estate is the state and county of his legal residence when he died.

Any interested party can petition the court to open an estate in probate. Once there is court oversight you can get an order from the court demanding the widow produce the will under penalty of being held in contempt.

Customer: replied 8 months ago.
Ok, would the third wife be entitled to his pension from the state of NJ, since he started receiving it way before they met?
Expert:  Loren replied 8 months ago.

Yes, she may. It would really depend on the terms of the trust. The estate rep would need ot contact the plan administrator.

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