lundi 29 août 2016

Heirs and Beneficiaries: Signed Non-Contest to My Father's Will in 1984-Never Saw the Will to This Day

My question involves estate proceedings in the state of: New York and Florida

I am including a bit more of a story in this question for back ground. I am looking for a bit of personal opinion as to what maybe my mother's intentions were at the time and how I felt.

My parents back in 1984 owned several residences. I think the main residence (according to taxes filed) would have been in New York. They owned a condo in Florida at the same time but spent most of their time in New York.

I understand this took place over 30 years ago but this has been on my mind more vividly over the past year or so. This now has come to the point in my mind where I need to know the truth no matter how much it may hurt me.

When my father passed in 1984 he owned our family business (at the time the business was located in New Jersey). I was hired in 1979 by him and worked in the family business and still did when he passed. My father and I were on excellent terms and all that knew him saw him as an honorable gentleman, both in business and socially. All our family members adored him. In 1983 he promoted me to vice-president of the business. The business back then was doing very well with gross annual sales in the area of about $3 to $4 million dollars. We were living very well. He told me when he promoted me in 1983 to vice-president that he would be semi-retiring soon and I would start to be running the business. In 1984 (around Thanksgiving) he was diagnosed with terminal cancer. He chose to have no treatment as he wanted to live the remaining few months left in our family condo in Florida next to the ocean (his true love of life). He passed in March of 1984. My mother never really was present in the business nor do I believe was she an officer of the company. My father, on his death bed at the hospital told me two things, "Son, always take care of the people who take care of you and watch your mother she will spend you out of business". Soon after he passed my mother started coming to the office each day and very shortly after he passed she fired owe business account and hired one from a New York City firm. At this time I was only about 28 years old. My mother and I were always on best terms to this point. My mother called me into her office one day while she had the new accountant on the phone and the new account explained to me that it was vital that I sign a non-contest to the Will. Not knowing any better I and being so shaken up with my dad passing. I also have a younger sister who was never part of the family business. From there on in the business went down hill. The power-house of sales was my father, as my uncle (on my mother's side) who was also an officer of the business was doing all the sales on his own and was very poor at it, also my mother was a real spender. My mother could never bring herself to the point of firing him. Long story short, sometime in 1995 (the business struggled with major ups and downs during the period) she hired a power-house General Manager who had major ties to buyers in our field. He brought the sales up tremendously in a very short period of time and at the same time tried to convince her that my uncle was really worthless at his position of sales. The general manager was very good at what he did and he treated all our employees including myself with respect as we followed him realizing he really knew what he was doing.

In 1999 since my mother was getting up in age she considered selling the family business. I do feel sometimes she should have handed it over to me with provisions that I give her a monthly commission of sales as I had already put in 20 years. I made her a sound offer using someone we had been dealing with (business-wise) for over 25 years as my financial backer (my father did business with his father for so we trusted each other). After consideration of my offer my mother declined. One year later she sold our family business to our major competitor and never gave me a chance to make another offer. No provisions were made for me in the sale of the company. But the general manager made it a point to be sure that within the negotiations that I along with most of our office workers and most of our warehouse employees would be hired by the buyer of our business. The company was sold and we were absorbed by our competitor. Several years later I was fired from the business.

I realize I added much more to this question that really did not have to be in it but I needed you to know some background.

I felt very insecure in 1984 and just trusted my mother thinking she would look at for me. Hence, not worrying about signing the non-contest as I did.

All these years have passed and I really believe I would like to know what was in his Will. I need to know!!

Is there anyway that even at this late date that I can get a copy of his actual Will that was executed at the time of his death. I think my mother was the executor of the Will at the time and she passed back in 2010.

Sorry about the novel.

Any advise or opinions are welcome.

Thank you all for even reading this.

Respectfully,
Question_13


Heirs and Beneficiaries: Signed Non-Contest to My Father's Will in 1984-Never Saw the Will to This Day

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