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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19285
Experience:  B.A.; M.B.A.; J.D.
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Last year i my partner passed away ,we were not married on

Customer Question

Hey there,
Last year i my partner passed away ,we were not married on paper (we did have plans and even applied for the license ), we lived together , have credit card together , taxes , insurance and etc. He didnt have a will in place at his passing , as i didn't know how things work in NY state, much less i didn't know what probate was, basically i was lost in translation for months so i trusted his father (that lives in SC)knew what to do.Fast Forwarding 6 months struggling months i found out his father had submit a claim to be the executor of my partners state without my knowledge, as well without any knowledge of his sons financial matters or anything. Since everything happen i made it very clear that i had access to everything as well i will continue living in NYC, so i will be more than happy to administrate the state that is not big , but had a lot bills to be paid . Well his father file before i even knew what probate was, and the court granted him. Even thought the information specially the figures filled with court were completely made up and false. As an executor his father main thing was to make my life hell, as well he let all bills go to collections that causing a big mess for me because of the cards we had together got reported on my credit as bad credit (tried to work with the father on it but its impossible) later on while talking to his mother about how upset i was about his irresponsible, neglect , poor administrative work , i came to find out that my partner had made me a beneficiary of one of his retirement accounts, for my surprised his father knew about it for months but tried to hide it from me, out of anger because he wanted to collect the funds. So far the state is in total disaster , and i ended paying some of the outstanding bills out of the little money i received , because he refused to do so, he doesn't even know what he has paid or not , but claims that the state has no fund left because he used all the funds and paid one single creditor(great admt. skills!!).
Here is question; Can i file something like auditing or complain about misusing funds or fraud against ? and offer myself to administrate the state from this point on??? Because the man is making my life miserable and doesn't help or allow me to even request my partners medical records, that i so need it!!! Please anyone help me
Submitted: 6 months ago.
Category: Estate Law
Customer: replied 6 months ago.
note; my partner used to claim as dependent on his tax returns, i've being struggling with that too because my partner passed in march on last year, and had most of his taxes ready to be submitted, but while here his father without my permission and abusing my weak emotional state, removed from our apt A LOT belongings basically 4 Giant boxes got shipped to SC , the contents and how much i have no idea....including inside the boxes as well my partners pc with all our tax information, i've asked countless times if he had file and did he claimed me as dependent, he wont respond. As well i did some self investigation about my partners death , and there were a lot medical malpractice committed and confirm by experts. His father that claims the state has zero money, still for some reason refuses to even give me limited power of attorney to any further with getting the right advice or guidance.
Expert:  Phillips Esq. replied 6 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 6 months ago.

My deepest sympathies for your loss.

Yes, you can file Petition to remove his father as the Executor and replace him with you because he does not know what he is doing and you are an interested party in the estate eventhough that you were not married. You are in interested party because he named you as a beneficiary of his retirement account. Also, you were living together when he passed.

As you know, the retirement account is not part of his probate estate. So, his father no matter what he does , the plan administrator of the retirement account cannot transfer the account to his estate. The account belongs to the designated beneficiary, you.

Best wishes,

Customer: replied 6 months ago.
Hey there, yes i already received the funds, his father as administrator is supposed to contact the beneficiaries if there anything designated to them correct ?? that i already got it. But my question is , do i need an attorney and what form do i need to file ?? in your opinion what are the chances that the court will remove him??

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