Legal Question in Wills and Trusts in New York
wills
i asked this question before but let me give more info my uncle was declared incompetent some years ago on feb 25th of this year he did a will and died on march 16 during this time he was suffering from gangrine in his legs the will was written after he was declared incompetent does the medication and peing declared incompetent prior to the creatingof the will make it invalid
1 Answer from Attorneys
Re: wills
If an individual is declared incompetent he or she may not make another will - unless the Court declares the individual "competent". Therefore, if the will that he signed after being declared incompetent is offered for probate, you would have to file an objection on the grounds that the Uncle was deemed incompetent.
Normally, at the time the individual is deemed incompetent, the Court directs the will to be filed with the Surrogate's Court under a safe keeping number. Therefore, I would contact the Surrogate's Court where your uncle lived to determine if a will is on file. If yes, the named executor of that will would petition the Surrogate's Court for Testamentary letters.
Mike.
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