Legal Question in Wills and Trusts in New York

Fathers old and new will

Long story short. I am apopted by my father. He also has a blood daughter who he has seen twice in my lifetime, I am 51. My Mom died at home 3 weeks ago, seemed weird and maybe a bit fishy. They asked if he wanted an autopsy and he said no. I wanted one, but too late.

They had a joint will with everything left to surviving spouse. I am sole hier to that. However, now father wants to change will and include duaghter whom my mother hated. He did not resepct some of my mothers wishs and her firends appaled as I was. My mother told me that I would get what was hers, but now if he changes will to include her or exclude me (he resents me) do I have any rights to contest? or at least see new will and old will? What if my mom had a will on the side? how can I find out?


Asked on 3/16/09, 12:58 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Fathers old and new will

Q if he changes will to include her or exclude me (he resents me) do I have any rights to contest?

A. If he is in his right mind, and the new will is made without duress, then the answer is no.

Q. What if my mom had a will on the side? how can I find out?

A. There is no such thing as a "will on the side." If she added or amended her will with a codicil, that would be probated with the will. The best way to determine if she had a codicil would be to contact the attorney that drafted her original will.

Mike.

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Answered on 3/16/09, 7:56 am


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