Legal Question in Wills and Trusts in New York

Contesting a section of a codicil

My grandfather left a will leaving the money to both of his children. My father, his son, though, predeceased him. In a separate codicil, between my father and my aunt, they agreed to some things without my grandfather's wishes being known. They both knew they were to inherit my grandfather's money, so they set forth to further explain their wishes. In that codicil it is stated that the offspring of my father would receive his share of the money, his half, if he dies previous to his father, my grandfather, which is what happened. We don't, obviously, have a problem with this part. But there is a second part that states that my aunt will receive a good-sized amount of money previous to the estate being sold, meaning in addition to the half she'll get from the will. We are wondering if that section can be contested, as it was not signed by my grandfather--it's just an agreement between two heirs. Or do you have to agree to everything in a codicil--all or nothing, in other words. Thank you for your help.


Asked on 5/29/06, 7:59 am

2 Answers from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Contesting a section of a codicil

Hello,

Unfortunately, it is impossible to give a solid opinion on your situation. To do that, I would have to review the Will and "codicil" and get additional facts. I cannot tell from your short email what is going on to an extent that I can give you advice at this time.

If you want to email me or retain me to pursue this further, feel free to email me.

Thanks,

Mark J. Mahoney

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Answered on 5/29/06, 11:23 am
Walter LeVine Walter D. LeVine, Esq.

Re: Contesting a section of a codicil

Heirs cannot do a Codicil, only the person drawing the Will can do it. It sounds like they were trying to clear a defect in the original Will by agreeing to this language. If it is an agreement, you cannot contest part of the language. I need to see all documents to give you a better answer. Or, you can contact a lawyer in the area where your grandfather died to assist you, but be cautious. Unless properly handled, this could create a problem, so do nothing until the documents are reviewed.

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Answered on 5/29/06, 2:20 pm


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