Legal Question in Wills and Trusts in New York

Contested Will

My mother is the closet blood relative to my Uncle who passed away in 12/07. He had tried to make a new will out that included my mother, but on 2 occasions the appointments didn't go through. Thus because he was not successful before he passed away, a 1988 will becomes the legal document. The beneficiary on that will knew my Uncle wanted to include my mother in the will and he even went with my Uncle to the first appointment but the attorney said my Uncle had to make a new appointment by himself. My Uncle did make a new appointment but understanding at the time he was 94 yrs old and when he arrived to the appointment early he fell asleep in the car and therefore the appointment wasn't met. All my Mom wants to know if she has any right to his assets which we know he had property and stock. She could use the money and wouldn't be doing this if she didn't think he wanted her in the will. She even filled out a legal document for him with her personal information and her beneficiaries. Is there anyone out there that can help?


Asked on 7/10/08, 2:54 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Contested Will

Your mother has no legal rights to assert a claim against her brother's estate. She might be successful in discussing the matter with the beneficiary designated in the Will who may relinquish some of his inheritence to her. Based on the provisions in the Will, a renunciation may be made, and your mother might be benefited thereby.

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Answered on 7/10/08, 3:17 pm


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