Legal Question in Wills and Trusts in New York
Contesting a will giving everything to charity
My Grandmother put my Uncle on the deed to her house before she died. 4 months later, my uncle dies and his will leaves everything to ASPCA. He also owns his own home. How do my sister and I ask the courts and/or charity for my Grandma's house only? Uncle was alcoholic and a shut in. We are his only surviving blood. He told us he intended to change the will to us but died before he got around to it. Is there a way to settle this without adversarial process and having to prove he was incompetent? Can we just ask the charity or court for a settlement? We only want Grandma's house.
2 Answers from Attorneys
Re: Contesting a will giving everything to charity
To start, you should make you objections known before the Court grants letters testamentary to the Executor. To object, you (or your attorney) must appear in Court at the Citation return date. You may email my office with your contact information for a brief consultation by phone.
Re: Contesting a will giving everything to charity
You have to sue the estate. In the lawsuit, you can attempt to reach a settlement with the ASPCA. That's it, short of proving the will invalid or that your grandmother was not competent whe she put your uncle onthe deed.
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