Deceased Last Name: anonymous
Deceased Date of Death: 1995
Surrogate's Court County: New York
Surrrogate's Court State: NY
Judges First Name: Renee
Judges Last Name: Roth
Tell Your Story: I am the only daughter and only child of the deceased who died in 1995 in her 90s. In the 1980s, my mother wrote a will leaving everything to me. Ten years later, when she was 89 and enfeebled by illness, my mother's will was redrawn by the son of the original lawyer who drew the will. The new will left all my mother's monies, the objects I grew up with, the gifts I gave her to a corporate executive 40 years her junior, the adopted daughter of my aunt, and a part time household worker. The corporate executive was named executor and the lawyer who redrew the will was named secondary executor. I had taken care of my mother all her life and had spoken to her virtually every day. My attempts to overturn the will on the basis of undue influence in the presence of illness and dementia, have led to nought. This is the case even though monies were apperently taken by the corporate executive, who had obtained a power of attorney prior to her death. Although the lawyer I hired had promised to attempt to overturn the will, I was brought into the court chambers where Surrogate Roth's law secretary spent several hours pressuring me to accept a settlement. The corporate executive was occasionally brought in and was allowed to leave early. There was no lunch break. And everyone was pressuring me especially my own lawyer. Although a small settlement was offered, I did not accept. My lawyer -on contingency-after using up a capped fee, then asked to leave the case and had me bonded for the amount he would have received if I accepted the settlement. As far as I know accepting settlements is not required particularly in light of his earlier promise. I now have a new lawyer and the beneficiaries have filed for an order of summary judgment to end the case. Although I gathered evidence and the corporate executive provided information seemingly incriminating himself, I stand to get little or nothing. I am now a victim of this court-and the legal system although I was once a happily married woman, a loving daugher, and a successful professional. I grieve for my mother, myself, and a system which should provide justice and fairness. I would like to hear from others who have had problems Surrogate Roth's court.
Your e-mail address: nysurrogateproblem@email.com