What to do if my father just died and there is an ugly battle over his estate?

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What to do if my father just died and there is an ugly battle over his estate?

I am in one state and my father died in another (his wife’s family is there). My estate attorney just told me that he got a call from a relative on the wife’s side saying that I was threatening her and that she had reported this to police. Supposedly there was a warrant out for my arrest. However, I have never threatened anyone and have been out of the state and out of contact for months. Yet my attorney told me there could still be a warrant if she swore a statement that I was threatening her. Could there really be a warrant? Even if there’s no evidence? How do I find out without being arrested? Must I go there to deal with this? Travel isnt possible for me right now. What do I need to do? Thanks

Asked on August 4, 2013 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss and for the situation that has evolved since your Father's death.  If she did swear out a complaint then yes, a warrant could be issued.  It is not something that you can take lightly.  You should contact an attorney in that state and ask him or her to deal with the matter initially, but you are going to have to go and deal with it in person sooner rather than later.  One the charges are cleared consider filing charges against HER - lying to the police is a crime.  A serious crime.  Good luck.


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