Legal Question in Elder Law in New York

Our family drew up a will 15 years ago and now one of the sons wants to contest it due to the fact that one of the siblings cashed in a stamp collection for $ 10,000 and gave it away to their children. Is their a statuette of limitations so far back ?


Asked on 12/28/14, 7:29 pm

1 Answer from Attorneys

Michael Moberg Moberg & Kocoris P.C.

A few thoughts. You refer to a "family will"? A Will is created by an individual, not a group such as a family. Secondly, is the individual (known as a testator) who created this will deceased? If so, what was the date of death and was the Will ever submitted to Probate? If the the Testator is still alive, then there is no Will to contest. An individual's Will becomes enforceable upon their passing. Until such time, a person can change or modify their Will as often as they desire to do so. If the Testator is deceased, and the Will was submitted to Probate, did all of the beneficiaries approve of the Executor's disposition of the Estate to named beneficiaries in the Will?

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Answered on 12/29/14, 3:43 am


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