Legal Question in Wills and Trusts in New York

Co-Executors
In 1997 my sister had a Will drawn up for Our Father, listing her as the only Heir with no mention of her three brothers.
My sister and I were listed Co-Executors on the Will even though I was not present or aware of the will till Jan. 2005. I was also listed on the Health Care Proxy and Power Of Attorney...My Father died in 2002 and we trusted her to do the right thing as agreed to in 1996.
I spoke with an attorney, he did not want to take my money, he said all the documents were in her name (DEED & WILL) I would have only a slight chance of winning the case. He also told me to try again, and see if we could come to an agreement.
...Should we have been notified by their Attorney or The State Of NY?
...And do you think I might have a chance to win, if We were to contest the will?
Thanks For All Your Help...

Asked on 4/10/05, 8:04 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Co-Executors

Your question suggests many basis' on which to invalidate the will.

(1) You mention a 1996 agreement. Were there any witnesses?

(2) (a) What was the state of your father's health in 1997?

(b) And what were his 'living conditions' in 1997 - Was he living with your sister? Was she the only one living in the same city?

(3) Was there an earlier will with different provisions for the 3 brothers?

(4) Did your mother have a will and, if so, did she give more or less everything to your father?

These are all areas in which a factual basis might be found to challenge the will. You will have to give the court some reason to believe that your father would have wanted the 3 brothers to share in the estate and the 1997 will is not what he, deep down, really wanted.

If you want to discuss this further, give me a call and we can set up an appointment.

Answered on 4/11/05, 11:14 am

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