Legal Question in Wills and Trusts in New York

Re: Changing of the will

You have to get all the facts and circumstances surrounding the signing of the last will, her doctor's observations and all other factors. Who paid the lawyer??? What did the witnesses say???

Re: Changing of the will

I agree with Norman, but more facts are needed,besides those he asked for. For example, how many days before her death did she sign the Will (many states do not accept a Will drawn within a few days of death, and some go as far up to as 30 days before death)? What was the cause of death, and what medicarions was she on around and on her date of death? Was the Dr. who witnessed her death her regular treating doctor, or just brought in to be a witness? What, if anything did he do to determine her competency? Was your suster present when the Will was made, act as a witness, take her to the attorney or make the arrangeewnts? Was that attorney also the attorney for your sister? You may also have a right to contest under the theory of undue influence, and some of these questions I asked have a bearing o that claim. Equally important, what was your relationship with your mother at the time of her death? What wasa that of your sister? Finally, what is the size of her estate? While you may have a valid claim, Will contests can bge very costly and time consuming. Does what you stand to inherit have enough value nto make all of this worthwhile?

Re: Changing of the will

After death a will cannot be changed. However, it may be invalidated.

Wills are most commonly contested on the following grounds: lack of testamentary capacity; undue influence and fraud; improper execution; and physical revocation.

There is a three part standard to determine testamentary capacity: first, that the testator knows the nature and consequences of executing a will; second, that the testator knows the nature and extent of the property he is disposing of; third, the testator must know who would be the natural objects of his bounty.

In addition to these elements of proof, the testator must have been able to recall these three elements without prompting.

Mike