New York Probate and Estate Administration Lawyer Blog
Barbara Fairbairn, primary beneficiary and second wife of Howard Fairbairn was named primary executor of all his estates in June 1997. But according to New York Will Contest lawyer, Howard’s son, Richard Fairbairn by previous marriage filed an objection on the last will and testament of his father claiming Barbara exercised excessive and unlawful influence on his father and that the Will was executed with fraud. He filed an objection to his father’s will because he believed that Barbara was not the rightful person to execute or manage his father’s properties and other cash and assets. Unfortunately no such evidence was found by the court and Barbara was still and remained to be the sole executor of Howard Fairbairn’s will.
However, Barbara went on and continued filing a case against Howard’s daughter, Carolyn Desilva. Barbara claimed that Carolyn sent two letters Richard Fairbairn’s attorney and that both letters contained false accusations about her personality as well as her family’s reputation. The said letters were also sent to court as part of the evidence against Carolyn. According to reports, Barbara claimed that Carolyn was objecting to Barbara’s inheritance and the letters were her way to contest her father’s will. It was noted that Barbara had already filed a previous case against Carolyn to remove her from participating in her father’s estate. The court ruled in favour of Carolyn saying that there was no sufficient evidence or any cause to bar Carolyn from such participation. That is why Barbara again filed another case, still pursuing to remove Carolyn from her father’s will and testament. Barbara further claimed that Carolyn and Richard conspired against her to remove her from being the executor of their father’s estate. However, Barbara’s only evidence was the letters Carolyn wrote and sent to Richard’s attorney.
Carolyn on the other hand said that she only wrote those letters because she was asked by Richard Fairbairn’s attorney for some background information on Barbara and that those letters were never meant to hurt anybody or discredit anybody from anything. The court also said that it was also true that Carolyn was not properly informed that her personal letters were going to be admitted as evidence against her in the court of law. A New York Estate Administration lawyer was also informed that Carolyn even signed a waiver and consent that her father’s will was valid and that Barbara’s title as primary executor or beneficiary of his estate of properties were all executed legally and lawfully. These documents signed by Carolyn with regards to her father’s estate and also with regards to her father’s chosen executor or beneficiary only made Carolyn’s defence stronger, strong enough to dismiss Barbara’s appeal to remove her from her father father’s last will. Cases like this are handled in a similar way in Queens and Westchester County.
Nobody understands how valuable your properties are to you than the New York Estate Administration Lawyers. They will always make sure that your properties are well taken care of and that it will only be given to person, people or public or private entities that you have chosen and no else. They will make certain that your loved ones are protected from those who would want to take advantage of them and of your estate.
Please be informed that Stephen Bilkis And Associates with its New York Estate Lawyers only have your best interest in mind. That is why we have already set-up offices all throughout the Metropolitan area of New York as well as in Corona to serve you better. Our Litigation Attorneys will make sure that you get the correct legal advice for your case so that you can put your mind at ease. Remeber, without a New York Probate lawyer you may lose your rights, properties and estate which may cost you a significant amount of money which you can already add to your estate.
Also please be informed that aside from Estate Law Stephen Bilkis and Associates will advise you to have Criminal Lawyers as well if they see it fit and if your case needs it.