Legal Question in Wills and Trusts in New York
A Beneficiary Gets Uncle To Give Her Entire Estate Amount Before His Death
After spousal refusal, the uncle places wife in nursing home. His will states that upon death, all his funds are to be divided between his(sick) sister and his wife's nephew. Six months later, nephew is away. Uncle is sick. sister's daughter and her husband visit several times. Uncle then gifts most of the funds to his sister's daughter (who will inherit if sister dies). Uncle dies three months after gifting money.
1. is there a criminal possibility? daughter's husband says he read the will with uncle and (his incorrect reading) says it favors newphew...this is at time uncle gifted the money.
2. uncle never changed a small joint account with wife and did not put apartment in his name, only. Checks to sister's daughter came through joint account.
3. nephew wants to reclaim some of money for care of aunt (private duty nurses, etc).
Is there a case criminal or otherwise?
2 Answers from Attorneys
Re: A Beneficiary Gets Uncle To Give Her Entire Estate Amount Before His Death
As long as the uncle voluntarily gave the checks to the niece, there would be no legal cause of action. If, however, the gifts to the niece were made due to some fraud or undue influence exerted by the niece over the uncle, then there would be a legal remedy for the nephew, since there is a departure from the testamentary plan in the will.
As far as making a claim for services rendered by the nephew to the aunt, this would be easy if there was some form of written agreement. Otherwise, it might be difficult to prove that there was an agreement to compensate the nephew for the services. Alot of relatives do this work voluntarily. If however, you can prove that there was some agreement for compensation, even if the agreement was oral, then you would be in a better position.
Re: A Beneficiary Gets Uncle To Give Her Entire Estate Amount Before His Death
Although your quetion is not clear, I think your are mixing apples and oranges. I think want you want is to enforce the prior will. To do so, you will have to contest the later will and show that the will was proccured by fraud, duress undue influence or mistake.
I suggest you consult with an attorney ASAP.
Daniel Clement
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