Legal Question in Wills and Trusts in New York
My aunt passed away and I am the only person on the will. She has a surviving brother that she has not had a relationship with for 20 years or more. He is very elderly and in a nursing home. he was served a copy of the will. I was told that the court might require that a guardian could be appointed for him if they don't believe he might not fully understand. I would have to pay thousands of dollars for this and he is not even on the will. Could this be. Also if so, could i elect to not settle the will rather than have to pay so much. If it is a valid will and they have no reason to contest, what would a guardian accomplish? There are no other living relatives.
2 Answers from Attorneys
Q. Could this be?
A. Yes, although I do not know about the thousands of dollars part. The Court would appoint a guardian to oversee the Uncle's interest since he may be deemed incapacitated.
Q. Also if so, could i elect to not settle the will rather than have to pay so much?
A. No. If you do not probate the will the Uncle would have an interest in the estate since he is your Aunt's brother.
Remember, the money used to pay the guardian will ultimately come from the Aunt's estate. Essentially, it is not your money until the Court says so.
Mike.
I agree with Mike. You are obligated to probhate the Will and defend it against all challenges.
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