Legal Question in Wills and Trusts in New York

Dead man's statute - in new york does not allow interested party

to give testamony about discussions with the deceased. what

about non interested parties - those with no financial interest or

gain in the case?


Asked on 1/21/10, 10:45 am

2 Answers from Attorneys

Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

A disinterested witness with personal knowledge is not barred fom testifying by the dead man's statute.

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Answered on 1/26/10, 11:34 am
Michael Markowitz Michael A. Markowitz, PC

Of course, testimony is subject to cross examination.

Mike.

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Answered on 1/26/10, 11:36 am


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