Legal Question in Wills and Trusts in New York

I have 3 sons. The oldest lives near and is executor of my will. the other 2 live about 150 miles away. The oldest has married a very domineering wife who is out for everything she can get. How do I protect my other 2 sons and make sure ALL 3 SONS GET EQUAL SHARES OF MY ASSEST WHEN THE TIME COMES?


Asked on 11/16/09, 10:17 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

There are several things you may do in the will.

1. You may require the executor to file a bond. Although the cost of the bond will be paid from the estate, if money is improperly taken by the executor your other 2 sons would be able to seek restituion from the bonding company.

2. You may have a clause in the will which states that if an individual contests the will and loses, he would lose his inheritance.

3. You may make each son an equal beneficiary on your bank accounts and other assets. As an equal beneficiary, when you die the asset is transferred by operation of law to all 3 boys. Each boy would be co-owner of the asset.

4. You may make gifts to each boy prior to death.

Mike.

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Answered on 11/22/09, 1:39 pm


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