Legal Question in Wills and Trusts in New York
Claims of Fraud and Undue Influence
My parents recently died (Dad-Feb 01, Mom-Mar 01). Wills were written in June 99, in attorney's office, fully witnessed. Both wills stated no provision for my 2 sisters, everything goes to me (sisters had gotten gifts from my parents in the past). Parents decided to give me my inheritence in late 99 while they were alive and gave gifts to me of most of their estate (including a home which my parents sold). Sisters are now suing based on the grounds that I exercised undue influence on them to leave them out ans scared them into giving me the money. Fact is, they discussed this with their attorney and I had very little to do with the decision. Sisters want me to return the cash gifts and have the court throw out the will on the grounds of fraud. They are trying to claim parents were incompetent when they signed the wills (although 2 attorney's state they were of sound mind). I have used most of my parents gifts to purchase a home..my attorney says don't worry...but I wanted a second opinion. Should I worry?? Thanks
3 Answers from Attorneys
Re: Claims of Fraud and Undue Influence
You should always be worried when there is a threat of litigation. Even if the lawsuit is baseless, you will still incur legal fees in defending it.
I would suggest you find a qualified attorney very quickly to protect yourself.
Re: Claims of Fraud and Undue Influence
Your worry should be in direct proportion to the amounts involved.
Money is the main issue.
You have to weigh the cost of compromise with your sisters against the legal costs you will incur in defending the Will.
Will contests can be bruising.
If the facts are as you described and you are willing to be bruised, don't worry, just wait it out.
Re: Claims of Fraud and Undue Influence
Your sisters have a very difficult proof
burden. While the claim is common, it
is a sour grapes matter. I would probably
take a very similar approach as your attorney
and I also would not lose a great deal of
sleep over it
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