Legal Question in Wills and Trusts in New York

My father has a brain tumor and redid his will. The doctor mentioned that the legality of the will may be questioned. Should we contact a lawyer now, or in a few months when he is deceased?


Asked on 12/20/10, 9:24 am

3 Answers from Attorneys

David Leon David L. Leon, P.C.

NOW. There are several steps you can take to ensure that his wishes are met. Sometimes, it's a simple as having a doctor state that s/he met with him on the day he drafted his will, and that he appeared competent to sign legal documents on that date. Also, you can do some pre-death planning, to further make sure that his wishes are carried out.

Dave

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Answered on 12/25/10, 9:57 am
Michael Markowitz Michael A. Markowitz, PC

Now, but not for the reasons stated by Mr. Leon.

In New York the manner by which a will is just as important as the language in the will. A NY lawyer will review both the will and the manner by which it was signed. If improper, you may have time to have a new will drafted and executed properly.

Mike.

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Answered on 12/26/10, 6:40 am
David Slater David P. Slater, Esq.

Whether you are supporting the will or contemplate contesting, the answer is NOW. The issue is whether he had testamentary capacity at the time of execution. Speak with his witnesses to the signing and his friends who know him.

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Answered on 12/28/10, 7:45 am


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