Legal Question in Wills and Trusts in New York

Co-Executors

I was listed as a Co-executor on my father's will without my knowledge. My sister, also a Co-executor, and her husband took my father to a lawyer to have his will drawn.

Of course everything was left to her, my two brothers and I were left out of it.

Would I have had to sign any kind of paperwork, or be present in the lawyer's office, in order to have my name shown as a Co-executor to my father's will?

Thanks


Asked on 12/02/05, 9:25 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Co-Executors

You need not be present when the Will is signed; in fact you do not have to be consulted to be appointed as an Executor. This choice was your Dad's.

This does not prevent you from challenging the Will for any permissable reason.

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Answered on 12/02/05, 10:10 am
Walter LeVine Walter D. LeVine, Esq.

Re: Co-Executors

I agree with Norman. You should look into why you were named a Co-Executor, yet not left anything. While there may have been legitimate reasons involved, it appears there may also have been undue influence on your father. If he has already passed away, the Will could be contested. If he is alive, you should speak with him about this and ascertain why he wrote what he did. If he is still competent, he can always change his Will.

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Answered on 12/02/05, 11:31 am


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