Legal Question in Wills and Trusts in New York

Deal or no deal

my dad recently passed away, he was still sharp at 93 but easily influenced by my only brother and put all his assets into my brother's name. He cohersed him into leaving a will, which he never believed in, and leaving him a million dollar home as well. The cash is not mentioned in the will and neither are the two apts. we own jointly. My brother lives in one. My brother told me either take half the money and one apartment or I would lose the money (150,000). A lawyer told me I can fight him in court and could possibly win half the house and make him sell the apt. he now lives in. my odds are winning are not great he said. Should I take the money and the injustice? Or fight just on principal? I am on disability and my cousin offered to pay the lawyer since my entire family knows my brother bamboozled my Dad into this. So it's deal or no deal. What are my odds? All the assets were once in my name also for years. He switched the money around several times and got me to sign off it because he had no medical coverage so he took his name off to. he later had my dad sign it over to just him. He has never had a job. Please help with just your opinion of what you would do. Thx.


Asked on 1/07/09, 11:24 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Deal or no deal

I agree that you could contest everything on the basis of "undue influence", which includes the Will and the joint accounts, but this type of litigation is both time consuming and very costly. I suggest you contact a local attorney familiar with this type of litigation to review your options and what is involved. A good idea is to talk to your father's regular doctor to see what is his opinion on the degree of your father's capacity to have made the Will and other actions he undertook in regard to the bank accounts. Your downside is that you did sign off, but there may have been legitimate reasons for having done so.

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Answered on 1/07/09, 11:39 am


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