Legal Question in Wills and Trusts in New York

nys will

My mom just passed away and a will was left with my niece. My mother said in her will that she wanted 40K she gave to me 5 years ago as a gift to now be left in this will. Is this possible? also my sister in law is a witness and is also getting a painting from my mom is this legit. Thanks John


Asked on 9/11/08, 9:22 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: nys will

It depends if the gift was conditional. If the gift to you was unconditional, you do not have to return the money.

In terms of the witness receiving a painting in the will, if you do not contest the will, there would be no issue with the gift. However, the fact that a witness received a monetary benefit from the will is grounds to contest the will.

Mike.

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Answered on 9/11/08, 9:59 am
Walter LeVine Walter D. LeVine, Esq.

Re: nys will

I have not seen or read the Will or the language regarding these matters. It is possible that the language merely confirms the gift, or takes it into consideration in equalizing the estate between siblings. This is frequently done by parents who made gifts to one child and not another. While there could be a question regarding the painting, is the value worth fighting over, as Will contests can be time consuming and expensive? If I could see a copy of the Will I could provide better responses.

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Answered on 9/11/08, 11:16 am


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