Legal Question in Wills and Trusts in New York
Contesting a Will
My Financee passed away and did not have any beneficaries listed on his life insurance or his 401k. He wrote a will when he was 18 before joining the service leaving his mother as the person in charge of his estate planning. My question is can the will be contested by his father and brothers since there was not a beneficary listed for his insurance and 401k?
3 Answers from Attorneys
Re: Contesting a Will
Unfortunately, I can not give you a definitive answer to your questions. I can't tell if it was a valid will. Was it in his handwriting? NY does not recognize handwritten wills. Was it executed properly? If not, it is not valid. I would suggest the father and the brothers get an attorney and sit down for a consultation. That way, all the important facts can come out.
Re: Contesting a Will
The insurance will go to his estate. The estate will be distributed as per his will. The will must be admitted to probate.
Re: Contesting a Will
Not leaving named beneficiaries on an insurance policy or on a 401(k)is not a basis on which one can challenge a will. (As Mr. Slater indicated in his response, these funds will become part of the estate.)
If your fiance's will is valid (correctly & legally drafted and executed, he had the mental capacity to make the will, it was not made by way of undue influence, etc.), it will be difficult for the decedent's father or brothers to successfully contest it.
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