Legal Question in Wills and Trusts in New York

Re: Beneificiaries

There is a difference between a Trust and a Will. If there was a Trust, any assets owned by the Trust will go in accordance with the Trust Agreement, regardless of what the Will says.

Any assets owned by your father-in-law that didn't name a specific beneficiary will go in accordance with his Will. If he changed his Will shortly before his death, and at a time when he was gravely ill, it may be possible for your husband to challenge the Will on the grounds that your father-in-law lacked capacity to make a Will, or that he was unduly influenced by the other children.

If your husband is named as the beneficiary of the TIAA-CREF annuity, he is entitled to recieve that money no matter what.

Re: Beneificiaries

Wills drawn within 30 days of death are questionable, especially under the circumstances of near death. I suggest your husband file a caveat with the surrogate where the Will was probated. This is a challenge to the Will. He could argue incapacity, undue influence, possibly fraud and other grounds. As to the TIAA-CREF, since he is named beneficiary, this asset passes by operation of law (the beneficiary designation), not under the Will. So he still has his rights to this asset. Are there any other facts you have not mentioned, as to why his father may have made this change? For example, was the value of the TIAA-CREF assets equal to the rest of his estate, so he was using the new Will to equalize his estate between his children? A Will contest can be time consuming and expensive. Medical records will be necessary as evidence to try to establish his father's mental state. His doctors should be deposed (formal questioning before a court reporter) as to any medical information they could provide as to the father's capacity or lack thereof at the time the Will was drawn. Good Luck.

Re: Beneificiaries

This question has been correctly answered by two other attorneys