Legal Question in Wills and Trusts in New York

Contesting a Will

My mothers sister( my aunt) had just died, she had no husband (deceased)or children and my mother was the only blood line alive.In '96 a will was drawn having mom and my dad sole heirs to her estate. Now,as they found out from a attorney the will was redrawn in '98 by a niece(given POA from my aunt) from the deceased husbands side and stating in the will ''nothing to be left to Mr***** and Mrs.*****( my parents), Mr.**** (her brother)and Mrs.***(sister). It all goes to Mrs***(the niece).''Strange thing bro.& sis have been dead for 20 years and not mentioned in the 1st will,why now.Is this of sound mind or scheme coverage (CYA). My parents have taken extremely good care of my aunt and uncle for years whom had(alzheimers & parkinsons)before being admitted to nursing homes and they receive Nada. Can my parents contest even though they were singled out(and the only ones alive?) of the will or if not, can I, being a nephew contest. What are their chances? or mine? What are the steps needed to proceed? Thank you for any advice would be appreciated.


Asked on 6/07/02, 12:34 am

3 Answers from Attorneys
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Contesting a Will

Your parents most certainly have standing to contest the will. They will need to prove that your aunt didn't have the mental capacity to make the second will or that she was unduly influenced by her niece. I strongly recommend that you contact an attorney to help you and your parents with this matter.

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Answered on 6/10/02, 10:38 am
David Slater David P. Slater, Esq.

Re: Contesting a Will

This should be looked into. Was the attorney who drew the second will the same as the one who drew the first? If you have proof of mental incapacity, fraud, over reaching etc of the second will offer the 1st one into probate. All parties will be notified. No doubt the 2nd will will also be offered into probate and then the court will decide which one is the valid one.

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Answered on 6/07/02, 7:28 am
Daniel Clement Law Offices of Daniel Clement

Re: Contesting a Will

Your parents having standing to contest the will. The will have to show that either your aunt did not have the mental capacity ro make a will or that she made the will acting under the undue influence of the neice.

Let me know if I can be of help.

Daniel Clement

212 683-9551

[email protected]

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Answered on 6/07/02, 11:34 am


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