Legal Question in Wills and Trusts in New York

There are limited grounds for contesting a will. I am assuming that there is no issue as to whether the will was properly executed and whether it was truly your father's signature on the will. The question, then, basically comes down to whether there is any reason to believe that your father did not have the mental competence to make a will.

While coercion and duress and undue influence are also available arguments, in my view such grounds typically come down to competence as well, because a person who is competent to make a will is usually able to resist the pressures of family members, friends, or acquaintances who are selfish.

Before you decide whether you wish to spend the time and money contesting the will, you should have an attorney review the will in its entirety and the circumstances of the will. Was there a prior will? If so, when was it executed and to whom did it leave assets? Who was the attorney draftsman of the will? Was it someone with whom your father had an existing lawyer/client relationship? Was it someone your sister already knew?

You should also explore whether there is any reason to believe that your father may have lacked the ablity to decide on his own what should happen to his assets. What was his medical condition? Did he suffer from Alzheimer's or dementia, or was his memory and his cognition impaired in any way. And, finally, you should also explore how, if at all, the relationship between your father and your sister differed in any way from the relationship between him and each of his other children.

You should promptly consult with an attorney experienced in this area of law. If you would like, you may call me and we can discuss the matter further. My phone number is 212 791-6240.

Good luck to you.