I need some help/advice my fellow Atheist/Agnostics. As many of you know, I lost my husband in June 2018 and have been in the process of getting my home into my name as my husband died without a will. We had been working on it when he suddenly took a turn for the worse and past before we got it finished. I just got a call from my attorney's office telling me that my Affidavit process for getting my home in my name has to be refiled as the Judge will not accept the filing from the Judge who first was involved with my case. The secretary of course knows nothing and could not answer my questions about why he won't accept the paperwork, or if this is a normal thing. I don't know the first thing about finding out anything about the past Judge or this new Judge.
Does anyone know an attorney, or are there any attorney's in our ranks that might know why this is happening? To say I am stressed is an understatement. I've been holding on paying my mortgage and bills just hoping that I could soon put the house on the market. I can no longer afford to live in this house and my savings is just about gone. It's been 15 months now that Richard has been gone and I started this process 13 months ago.
Any help or advice would be greatly appreciated. Please private message me with any advice rather than take up the feed with answers. Thank you all for your support during this very hard time I've been going through.
UPDATE:
I was able to actually speak with my attorney this morning. She told me the issue is that we had elections for local Judges and ALL of them were replaced. Mostly with new Democrats, so that's a great thing.
The problem when this happens is that any paperwork submitted to the old Judge is usually not accepted by the new Judge. My attorney has made contact with the new Judge about my case and has all the requests that the new Judge wants to see addressed in my case.
The bad part of all this is that it will take another 3-6 months. My attorney has to refile everything. That means sending all the paperwork to my husbands siblings to sign and have notarized again. I will have to come to her office to sign the new paperwork along with my two witnesses. The good part is that I have a contract with my attorney and she won't be able to charge me any more money to do all this refiling. She said she will have to eat the costs. I feel bad about her having to do that, but am also glad I don't have to pay again.
So, I'm looking at holding on for another 3-6 months. Gotta keep going and get it done!!
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Feel free to reply to any comment by clicking the "Reply" button.I worked for the Connecticut Superior Court for 38 years. Your attorney should be able to give you the answer. I believe he did not attend the hearing thinking it was going to be automatic. He knows the answer to your question. Lean on him. Expect him to represent you.
ChurchLess
Level 7
Sep 16, 2019
2
thank you, I did not realize that about the attorney perhaps not attending the hearing because she thought it was a done deal. I never seem to be able to talk to her and am always getting messages from the secretary. Perhaps I need to just show up tomorrow morning and tell them I need to know what's going on. Thank you for your advice.
@Redheadedgammy Makes sense to me.
I am not an attorney, but wonder if the surrogates office can help you. I know they don't give legal ad use, but possibly direct you. Also maybe the courts Ombudsman could be. called to help.
gigihein
Level 8
Sep 16, 2019
1
That's a great idea. I'll call the courthouse tomorrow and see what I can find out from them if I don't hear back from my attorney's office tomorrow by noon. Thank you, I appreciate your comment.
@Redheadedgammy Part of my job involves filing court papers at the surrogates and helping clients file various legal papers. I find ombudsman of courts and surogarescoffice who handle estates and guardianships are quite helpful. If you have an attorney they may just refer you to them.
Contact the legal aid society immediately...
Cutiebeauty
Level 9
Sep 16, 2019
1
You were married, what's the problem? I don't understand...
@Cutiebeauty She is here in Texas.
@Sticks48 Texas? I don't understand...
@Cutiebeauty It is a really fucked up place when it comes to legal matters concerning property and inheritance. If you don't have a will, and it had better be very precise, it can turn into a real mess.
@Sticks48 WOW! So if the wife doesn't inherit, does the freaking state!
@Cutiebeauty No. She will get the house, but she will have to jump through hoops. It is that way in other states too.
@Sticks48 not in New York as far as I know... That's crazy! Thanks for the enlightenment! I won't be going to Texas. Ever!
@Cutiebeauty If there is no will, it is a mess no matter where you live. Our lead guitarist is going through this in Mass even though there was a will because everything was in his fathers name and he handled everything. They had been married for over 70 years and back then that is how it was. It is getting straightened out but, Chuck has to keep going back there to help her get through this process. When our father died in Illinois, he had no will and it took over two years to get all of that settled. I doubt if NY is any different. Even though you are young, if you have a substantial amount of money or property you need a will now that you have a child. It can always be changed.
@Sticks48 I have a will... My grandparents taught me very well... I update my will whenever a major life change occurs... And I have a prenuptial written up too... My wishes are clearly defined... My immediate family is first...
@Cutiebeauty Good for you.
@powder okay..
Another good idea. Thank you!
@Sticks48 Yes, you are so correct! Had we been able to finish our Will I wouldn't be going through this. We were getting help from the VA as they help Veterans through attorney's who sign up to do stuff like this for Veterans for no cost or very little money. We were close to having it finished when his health just went downhill in a matter of 10 days. Hopefully tomorrow I will know something from my attorney or I will call the Courthouse and ask if there is an Ombudsman to talk to. Thanks for you reply. I appreciate it.
@Sticks48, @Cutiebeauty I have my own Will done and notarized now so my children won't have any problems. Richard and I should have done it years ago, but just thought we had time. That was a mistake.
@Redheadedgammy You are welcome. I am sorry you are having to deal with this and I do hope it gets sorted out soon.
@Redheadedgammy It sucks when you need to grieve to have to deal with this nonsense. I would ask your attorney how you should be penalized there was a judge change. There is a huge shortage of judges in the country, or so.I have heard. Our judges change during our cases and we have never had something already done be re- done.
Hang in there. I'm sure you will find away to get it done.
freedom41
Level 9
Sep 16, 2019
1
Yes, where there's a will there's a way.
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