Legal Question in Wills and Trusts in New York

Re: Challenge a will in which I'm not mentioned

Your question does not contain specific facts. Did she provide that all her grandchildren would receive something? Where the grandchildren all specifically named?

Was the will properly executed?

Was it procurred by way of fraud, duress, undue influence?

Let me know if I can be of help.

Daniel Clement

Re: Challenge a will in which I'm not mentioned

There is no requirement for a grandparent to leave a bequest (a gift of personal property) to a

grandchild. However, that may not be the end to your story.

There are so many nuances in a situation like this. Did your grandmother mention all of the grandchildren by name except you? Or did she speak in generalities of �grandchildren� without naming anyone specifically?

And, did she include a provision in her will that if a potential beneficiary challenged her will, that beneficiary would be given a nominal bequest such as one dollar?

Considering the significant amount of your grandmother�s estate, you need to retain a reputable, experienced attorney who concentrates in this area of the law to help you through this legal labyrinth ---- and not your friend�s cousin who is a real estate attorney or your butcher�s son who just graduated from

law school. You may want to consider calling the New York State Bar Association and get in touch with someone from the Wills & Estate Section for a referral.

Re: Challenge a will in which I'm not mentioned

Exactly what did the Will say?

Were the other grandchildren named specifically and your name did not appear?

Was there a gift to grandchildren generally?

Facts are very important and without them it is impossible to respond to your questions.

Re: Challenge a will in which I'm not mentioned

The facts need to be developed further here to determine the availability of a challenge to the will provisions. There are a number of fact-specific issues under NY law that need to be carefully considered and dealt with concerning the will and the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under NY law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of NY. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 3-26-2002, 8:50 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.