A Manhattan doorman has claimed a resident of the apartment building left him part of his million-dollar estate – and now says he has the signed forms to prove it.
Jose Rafael Padilla filed a lawsuit in September, claiming that the late Midtown East resident James Clayton Larmett, 69, had promised to leave him a third of his estate, given the porter’s years caring for Larmett and of his wife, Linda.
Estate attorneys hit back in court documents earlier this month that the lawsuit should be thrown because even if there was an oral agreement, that wouldn’t legally be enough to change Larmett’s will – which referred to all his money to three animal charities. Larmett’s wife died in 2016.
So Padilla has now submitted two documents in the case that he says Larmett wrote before he died, stating that the resident wanted to bequeath part of his estate to his doorman.
The forms – questionnaires Larmett answered for the prepaid service Legal Shield – indicate that he wanted to split his assets evenly between Padilla and two animal charities.
Larmett filled out one form on April 4, 2020 and the second on January 29, 2021. On the previous form, he indicated that he wanted Padilla to receive a quarter of his estate. In the most recent, he said he wanted to do the porter to get a heavier third.
The documents say Larmett had a house worth $ 1.8 million, $ 23,000 in bank accounts, at least one car, and a life insurance policy.
The 62-year-old doorman at 14 Sutton Place explained in a previously filed affidavit why Larmett’s wishes had not been recorded in an updated will.
Jose Rafael Padilla was known to be a dedicated caregiver of James Clayton Larmett and his wife, Linda.William Farrington
“Due to the disease and the advent of COVID-19 restrictions, wills have not been prepared and executed in accordance with the Wills Questionnaire submitted to Legal Shield,” Padilla’s affidavit said.
“The defendant had completed and signed both of these forms and had requested Mr. Padilla to submit them on his behalf to Legal Shield … for the preparation and execution of an updated will reflecting the promise,” wrote the Padilla’s lawyer, Stephen Weiss, in court. papers last week.
Weiss acknowledged that the forms do not specifically state the contract.
“But there is no ambiguity in their intention,” he said.
In his suit, Padilla said he has known the Larmetts – who had no children – since he helped them move into the building 28 years ago. He said he had “become close” to the couple, even taking care of Larmett’s pets.
Padilla says the 69-year-old wife made Padilla promise before his death to take care of her husband, which he did, including taking care of him daily and even sleeping in his apartment until. that a caregiver be hired, depending on her costume.
Larmett’s estate attorney, Richard J. Miller, told the Post on Tuesday that there is a high bar for making a valid will in New York – including the presence of independent witnesses – that exist to protect the person who sign the will.
“The documents that Mr. Padilla submits – which he claims were completed by Mr. Larmett – do not meet any of these threshold requirements and therefore leave many answers to be desired, including issues that may range not only from l authenticity but also of the mental state. ability or even undue influence, ”Miller said.
Miller added that all of this litigation only takes away the money Larmett left with animal charities.
“This claim by Mr. Padilla and the fact that we are in litigation is doing the remaining charitable beneficiaries a huge disservice,” Miller said. “All Mr. Padilla’s claims do is increase… time, expense and lack of assets in the hands of beneficiaries. “
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