Legal Question in Wills and Trusts in New York
Contesting will
My parents are divorced and both well off.I work for my father and have a sister who has had nothing to do with him for five years and seems like she never will. Five years ago, during an argument, I wrote my sister a letter. I stated that my father had no intentions of removing her from his will and that the compay that I am building will ultimately belong to all of us (three children) equally. I also expressed my opinion that he would NEVER remove her from the will and he will always loved her.
My father and sister are completely estranged now. His current will does not provide for equal distribution but just a lump sum to this sister to avoid her contesting the will. I don't anticipate this will ever change and in response my mother has made this sister her sole beneficiary and thus the estate appears to be somewhat fair.
In the event that my fathers will is contested will this letter I wrote five years ago have any impact? Would it be admissable/ Is there anything I can do now while he is alive and halthy to safeguard this potential outcome? How would she have to validate that I even wrote the letter? It was sent either by e-mail or unsigned letter. Any advice you could give me would be greatly appreciated.
1 Answer from Attorneys
Re: Contesting will
Your statements, no matter how expressed, regarding what your father may or may not put in his Will, are meaningless in a Will contest.
You could be liable to your sisiter if you made a fraudulent statement to her regarding the contents of your father's Will and in reliance on that statement, she materially change her legal position (such as paying money to you). It would be a hard case for her to prove.
It is hopeful that you recognize that the combination of both Wills winds up treating your sister fairly.
Good luck in building the business.
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