Legal Question in Wills and Trusts in New York

Re: Which will is legal

The court will decide which will is legal. Your husband should seek the aid of counsel and offer the will he has for probate. All interesteed parties will be notified. No doubt the other will will also be offered for probate.

I doubt the notarization is any good since the notary has a personal interest in the matter. In any event a power of attorney lapses on death.

Re: Which will is legal

The new will may be legal. If at the time of execution of the new will, your mother-in-law was lucid and knew what she was doing, it may be valid. However, you should consult an attorney. It seems as though there may be undue influence and other problems.

Re: Which will is legal

If your mother in law suffers from Alzheimers, dimentia, and paranoia, she does not have the capacity to make a will. No one can make a will for another person. You will need to gather evidence of your mother in laws mental condition at the time the sister made the alleged will.

Re: Which will is legal

If she was suffering from mental defects, you may not have had the capacity to make a new will. Even if she did, she may have been acting under the undue influence of her child. They will certainly may be attacked.

Let me know if I can be of help.

Daniel Clement

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212 683-9551