Legal Question in Wills and Trusts in New York

Will contesting

A 2009 Will is being contested by a family member not mentioned in said Will with a 2005 will that they are mentioned in. What does the executrix of the 2009 Will have to do to prove that the document has legal precedence over the earlier Will?


Asked on 6/29/09, 7:08 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Will contesting

YOU DO NOT EXPLAIN THE BASIS FOR THE CONTEST, SO ONLY A GENERAL RESPONSE WILL FOLLOW. YOU MUST RESPOND TO THE ALLEGATIONS AND PROVIDE PROOF THAT YOUR POSITION IS VALID. PRESUMING THE CLAIM IS INCAPACITY, YOU WILL NEED MEDICAL PROOF OF CAPACITY AND THAT THE DECEDENT FOLLOWED ALL THE REQUIREMENTS FOR A VALID WILL. IF YOU HAVE DOCUMENTATION OR TESTIMONY EXPLAINING WHY THERE WERE CHANGES IN NAMED BENEFICIARIES, THIS SHOULD BE PRESENTED AS WELL. IN THE FINAL ANALYSIS, A COURT WILL LOOK AT WHAT IS PRESENTED BY BOTH SIDES AND MAKE A DECISION. I SHOULD CAUTION YOU THAT A WILL CONTEST CAN BE BOTH TIME CONSUMING AND EXPENSIVE, SO CONSIDER SOME SETTLEMENT IF THERE IS AN LEGITIMACY TO THE CLAIM.

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Answered on 6/30/09, 12:19 am


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