Legal Question in Wills and Trusts in New York
Can I contest?
My Mother had a companion for 17 years who was physically abusive to not only her but also my sister and I as well. He never worked or supported her in any way. He is an alcoholic and has mental issues as well. My mother was scared to leave him. Unfortunately a will was drawn up and he is to recieve everything- a house worth $500,000 and her personal belongings. The money that the house was bought with was won over a lawsuit regarding my father's death. Is there any possible way of contesting this will and having a good chance of winning?
2 Answers from Attorneys
Re: Can I contest?
It would be necessary for me to see a copy of the will to determine you and your sister's rights in this matter.
Feel free to contact me if you need further information.
Re: Can I contest?
You do not say if your mother has passed away and, if so, when. To contest a Will, it is necessary that the papers required to do so be filed with the Surrogate within 4 months of the probate. This is a mandatory date, and rarely will an extension be allowed. If your mom has not yet passed away, I suggest you start accumulating anything that will establish her being abused (police reports, affidavits from people she may have discussed this with, etc.). More important, is to get her away from him, if you can. Last possibility is to see if your mom is willing to do a new Will and not tell him about it. Once she has passed away, there will be nothing he can do, but raise some arguments that will, perhaps, fall on deaf ears. Contact me directly if you have any questions. Just reading the Will is not enough, as I am sure he was smart enough to meet all formalities of law to make what she has written valid.
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