Legal Question in Wills and Trusts in New York

File suit against attorney or does Will stand?

A relative dictated his Will to his attorney and 3 adults late on a Friday afternoon. Attorney said that the Will would be typed up on Monday. A couple of people asked what if something happens over the weekend? (Testator was very ill but coherent.) Attorney said not to worry, there were 4 witnesses there, including himself. Testator was very ill on Monday and signed the Will in the presence of relatives, saying they can be witnesses. Testator expired the next day. We are now being told the will is not valid. The attorney says he is too busy to meet with the family. Do we have any recourse in fulfilling our brother's last wishes? Failing that, do we have a case against the attorney?

Thank you.


Asked on 10/23/06, 8:15 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: File suit against attorney or does Will stand?

The will would not be valid if probated in New York.

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Answered on 10/24/06, 11:01 am
James Jenkins Jenkins Law Center PLC

Re: File suit against attorney or does Will stand?

Who says the will is not valid? Why? I am not intimately familiar with New York law, and am in Arizona. Most states recognize a will witnessed by two witnesses. More facts need to be stated to give an opinion. You are welcome to email additional information to me and we will attempt to answer your questions and get to the bottom of this.

Best regards,

James D. Jenkins

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Answered on 10/23/06, 9:21 pm


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