time period for contesting a will

[orrielynn]

i have two questions regarding new york state:
1. what is the time period for contesting a will in new york
2. if the executor is a beneficiary in the will and a relative of the deceased, does he get a fee. what is the percentage. is it divided equally among beneficiaries.

thank you for any responses.

 

[ALawyer]

Second question answered first. YES, the executor gets his or her legal executor fees before getting his share of the estate. He's doing the extra work and taking on extra liability -- not you -- and he or she deserves to be paid for that -- beyond what he or she would have inherited anyway.

As to the time limit, USUALLY you and other heirs at law are given a date to appear and raise objections in the notice of probate and you must file any objection by the dtate specified or waive your rights to contest the Will.

 

[orrielynn]

rude response

i didnt see any any reason for your being so rude in your response. i just want to make sure everything is above board with the will i am involved in. the executor and his attorney have not been.
and frankly, you didnt fully answer my question.

 

[racer72]

The only rudeness in this whole post is the ignorance of the original poster. Thats the gratitude one gets for giving free legal advice.

 

[orrielynn]

bravo for you for supporting and emulating your coworker in his rudeness. whether a service is paid for or free, there is no reason for lack of decency.
and just for the record, may i point out that on my original post i thanked in advance any responses i received.

 

[amberwave]

get a grip

who is being rude here....do you REALLY mean BRAVO....I think you took the response to you wrong....you need to recheck your attiude...you ASSUME he was being rude....and you know the old saying....about that......" you make a ASS out of U and ME...now get your self together...stop attacking...put a smile on ...and go on...

 

[orrielynn]

this is unbelieveable. i think you are the most arrogant bunch of attys. i have not been one to generalize about attys, but i am beginning to see the light.

all i did was ask two simple questions.they only needed to be responded to simply. i never implied that "I" should get any fee.

and, amberwave, if anyone is attacking, it is you. after a response like yours, i suggest YOU recheck your attitude. and i dont see any of you just "going on". no ones missed an opportunity to respond to me.

those of us who write to your site are feeling vulnerable enough. and yes it is wonderful that you have a site like this. but responses such as the ones i received are totally uncalled for.

 

[gmom101]

orrielyn--is there an issue that was not answered and maybe not asked? are you stressed over the possibility that the time limit has passed? are you stressed over the relative receiving more money than you think they deserve? is their a stress issue with the deceased, who is not available to answer to you?
I'm picking up that there's an issue causing you stress and you're projecting that stress onto the answers the attorneys gave you. That's they way they talk--brief, blunt, and with the law already applied in their answer--it's not a casual conversation when one talks legal issues with an attorney.
I'd be glad to 'buddy' with you and let you ventilate about your feelings over the relative, the will, and the deceased, but I can not give you any legal advice as I am not an attorney--just a person that hates to see anyone as stressed as you seem, especially if you have no objective outlet for your stress. Don't let that stress work against you!

 

[orrielynn]

what i am stressed over is the acceptance of such condescension and rudeness, and the fact that it is even being defended. this is perhaps the way some attys talk, thank goodness, not all. thanks, but no thanks, for your offer.