Legal Question in Wills and Trusts in New York
will and the small stuff
okay, my mom died of cancer first, then 7 months later my dad died of heart attack. he left me his estate in entirety to take care of my youngest brother who is disabled. my older bro and sis are saying will is not valid because i tricked dad into making a will 4 my own gain, they are saying dad was mentally incompetent and feeble-minded when he wrote the will, the will was signed by dad with 2 witnesses present, i am being accused of debauchery and deciet, also neither older siblings were notified by dad before making the will... does this add up 2 the will being forfieted? i am sole beneficary but he left all other sibs with 1 dollar, can dads will be overturned?
2 Answers from Attorneys
Re: will and the small stuff
Your question "can dads will be overturned" depends on facts unique to your situation.
It is very hard to determine the validity of a will from an e-mailed question. Most people think that a will is valid simply because it is in writing and signed by 2 witnesses. However, most attorneys will tell you that the manner by which the will is signed is just as important to determine the validity of the will.
Mike.
Re: will and the small stuff
It is quite difficult to overturn a will. The criteria is that the person who made the will was incompetent to know whom and why he was about to give the monety to.
He might have been incompetent a moment before, or a moment afterwards and still be competent to sign a will.
If the siblings object, you might be forced to go to trial.
I would rather be on your side rather than theirs.
If you would like to discuss this matter further, please feel free to contact me.
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