Legal Question in Wills and Trusts in New York

Sister contesting will even though im the only person on the will and soul benef

Yes my father passed away and had a will with my name on it im his only living offspring he made me soul beneficiary.his sister my aunt who i have never seen is conesting the will saying she deserves most or all of the will. My father owned about 5 businesses and i am soul beneficiary to that,money left to me, and his home.His sister claims they were business partners. She wasnt even at her own brothers funeral she used the excuse she was out on business.I was wondering if you could tell me how the new york probate court works and if i will probably be the one winning this case.Also how many times can my fathers sister appeal this case and how long does this take to get to the first probate court date.


Asked on 5/29/02, 4:39 pm

3 Answers from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Sister contesting will even though im the only person on the will and soul b

I cannot tell you if you are going to win - I do not know enough facts. You need to discuss the specifics of the case with an attorney in private.

Daniel Clement

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Answered on 5/29/02, 4:43 pm
Bruce Buckrop Bruce Buckrop

Re: Sister contesting will even though im the only person on the will and soul b

You need a new york lawyer, to interpet the law that applies to the jurisdiction where the will was written or to be applied, so who is running the business while you daly?

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Answered on 5/29/02, 4:44 pm
Jay Goldenberg Jay S. Goldenberg

Re: Sister contesting will even though im the only person on the will and soul b

It seems your aunt is not contesting the will -- your father's leaving of his property -- but disputing what is his property.

My impression of your questions is that you do not have an attorney to ask these questions of. Even without a conflict, you should not be attempting probate without an attorney. Do not try to handle this by yourself. Look in the listings here for a probate or estate attorney in New York.

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Answered on 5/29/02, 11:56 pm


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