Legal Question in Wills and Trusts in New York
Contesting a will if there is a will and what if there is not?
Facts: A friend passed away. The last known will was executed in 1989. The attorney has an unsigned copy. Still looking for a signed copy. He was divorced but living with his girlfriend for 8 years. Life insurance is left to the ex wife. Divorce was friendly. Has not had contact with blood mother for over 10 years. Did not wish to. No blood siblings. Was a parner in a successful business. Mother, now knowing of death, wants the entire estate. Does the partner, a long time friend, the girlfriend, or ex wife have any rights to the estate if a will is not found? Could any of them be successful in contesting intestate succesion, should no legal will be found? Would the deceased be the one holding the signed copy rather than the attorney? Thank you in advance for any advice you can provide.
3 Answers from Attorneys
Re: Contesting a will if there is a will and what if there is not?
If the signed will cannot be found, the decedent's mother will inherit his estate. However, the insurance proceeds fall outside the will and the ex-wife will get those proceeds as she is the named beneficiary.
Re: Contesting a will if there is a will and what if there is not?
The will must be located or the mother takes all.
Re: Contesting a will if there is a will and what if there is not?
Assuming he has not changed the will since 1989 and that the will cannot be found, the executor will have to prove the existance and contents of the lost will, otherwise, in the absence of a will, he wilol be found intestate.
Daniel Clement
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