Legal Question in Wills and Trusts in New York

Estate executor

my sister inlaw who was in a nursing home in sound mind had a will made out that gave all the money she had left to her nieces&nephews, My sister at that time was executor of the estate, she and her financial advisor went to the nursing home and talked my sister in law in to signing a form called for love and effection which in fact turned over all the money my sister in law had to my sister there was well over$2000,000 now we cant get this money back do you have sugestions.

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Asked on 1/15/04, 10:01 pm

4 Answers from Attorneys

John Faust Faust & McCarthy

Re: Estate executor

HELLO,

I WOULD SUGGEST THAT YOU CONTACT AN EXPERIENCED ESTATE OR PROBATE LAWYER IN OR NEAR THE COUNTY YOU LIVE IN. TIME MATTERS GREATLY IN THESE MATTERS, SO DO NOT DELAY. THE COUNTY BAR ASSOCIATION, WHICH WILL LIKELY BE IN THE COUNTY SEAT, WILL HAVE A REFERRAL SERVICE, AND IF THEY DO NOT, THE STATE BAR ASSOCIATION IN ALBANY DOES. YOU MIGHT ALSO LOOK IN YOUR PHONE BOOK, AND SEE IF THERE ARE ANY ATTORNEYS WHO ADVERTISE THAT THEY HANDLE WILLS, ESTATES OR PROBATE MATTERS, OR ASK AMONG YOUR FRIENDS FOR A LAWYER THAT THEY KNOW AND TRUST IN THE AREA. AS I SAID, THE TIME FACTOR IS IMPORTANT.

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Answered on 1/15/04, 11:29 pm
David Slater David P. Slater, Esq.

Re: Estate executor

You need to speak with a NY attorney who can review the documents. Please call me if you need a referral.

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Answered on 1/16/04, 6:27 am
Brenda Mattar Mattar & D'Agostino, LLP

Re: Estate executor

First of all, is your sister-in-law still living or has she passed away? The manner in which you can investigate this situation is different depending on if this person is now dead or alive.

As this appears to be a very complicated matter, please contact me to provide me with more details so I can offer you more specific advice. (716) 856-4022.

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Answered on 1/16/04, 9:55 am
Walter LeVine Walter D. LeVine, Esq.

Re: Estate executor

It appears that some litigation may be required, the exact type depends upon whether your sister-in-law is still living or is deceased. In either case, the document's legitimacy may have to be questioned. It apperas that some form of undue influence was exercised over her, to the detriment of the people she wanted to benefit. This must be acted on quickly, as the passage of time may be against the interested people and create larger problems, especially if the funds have been or will soon be turned over to your sister. I suggest promptly hiring a local attorney familiar with Wills, estates and Will contests to assist you.

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Answered on 1/16/04, 12:13 pm


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