Legal Question in Wills and Trusts in New York

Witnesses

Is an attempt to overturn a will in New York State valid if the will does not meet statutory requirements in the sense that one of the two attesting witnesses has been previously found by the surrogate court to be guilty of fraud in a matter related to the estate?


Asked on 11/03/05, 1:00 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Witnesses

I cannot tell, from the absence of more specific facts, what might happen. If the Will was not properly executed and witnessed, in conformity with NY law, the estate can continue, but as an administration (as if the person died without a Will). Other people may be entitled to be appointed to handle the estate and the beneficiaries may be different from what the Will states, so I would be careful in how I approached this, if your interest might be lost. If the person has committed fraud, my suggestions might be to allow the Will to stand (if you would lose out), but try to have the person kicked out. As I said, more facts are required to provide a better answer.

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Answered on 11/03/05, 11:03 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Witnesses

The fact that one of the witnesses committed fraud may be evidentiary with respect to the validity of the will, but would not by itself negate the effectiveness of the will.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 11/03/05, 12:41 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Witnesses

You are on the right track here. This would not be a slam-dunk to avoid the will, but it is a sound start.

I would not go before a judge with just this evidence. At least one more of something to indicate that there is a problem would be helpful.

You are welcome to a consultation for no fee.

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Answered on 11/03/05, 2:07 pm


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