Legal Question in Wills and Trusts in New York

1404 proceeding nys

As the attorney will draftsman, I gave excellent testimony during a deposition but became flustered at the end and said that there were two executed wills when in reality there was only one. When the will contest goes to trial, is there any way for me to explain that I became flustered and actually meant there was one will during the trial proceedings without looking like a complete mess up? Can my deposition testimony be coleared up and may I get a chance to say, ''No, this is what I meant...''The attorney who is defending the validity of the will, which he agrees is sound, is pretty angry with me and I want to be prepared before I speak to him in a few days.

Asked on 2/12/09, 8:54 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: 1404 proceeding nys

Look your credibility was already shaken. The only thing you can do is explain it like you did here. Explain you were flustered, that you were confused by an aggressive attorney so the words didn't come out as you meant and hope it sounds believeable at trial. By the way part of the job of the attorney on your side is to rehabilitate you on re-direct, if he failed to do this, than your failure to testify the way you meant to was partially his fault.

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Answered on 2/13/09, 5:02 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: 1404 proceeding nys

You can either correct the transcript when you review it , on the errata sheet, or if absolutely necessary, just explain it when you testify.

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Answered on 2/13/09, 11:50 am

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