Legal Question in Wills and Trusts in New York
Death bed request
On the death bed of a Grandfather, he willed verbally to his two sons that his Grandaughter was to receive half a settlement which he had claimed which hadn't yet been settled. The two sons both heard the wish and the grandaughter also. The Granddaughter performed all of the servies that were needed to get the process of the claim started (paper work) and was the only one who corresponded with the company who was acting as the claims agent. The Grandfather has passed recently the claims company decided on what the claim should be. The two sons found out how much the claim was going to be and the one son is trying to change the verbal will of the Grandfather. The other son is willing to testify that he had heard the wish of his father and feels that this is inoppropiate.Does the Grandaughter have any rights on the claim?
4 Answers from Attorneys
Re: Death bed request
Unfortunately in the state of New York there is no such thing as an oral will. It must be written and have signed witnesses to be valid. The best solution is to get everyone to agree as to what was said. If there is a written will the court will apply that. If not - the estate - including the settlement will be distributed according to the state's intestate rules.
Re: Death bed request
no,there is no such thing as an oral will.
Re: Death bed request
Death bed utterances do not constitute more than an oral moral obligation, and are not considered a "true" Will. Thus, unless the natural heirs (which follow a family tree concept unless there is an actual Will) follow the oral direction, there are no legal obligations.
Re: Death bed request
The granddaughter is in a very good position. less on the Law of 'Wills and Estates', and more in the area of contract law.
This bequest can be characterized as a contract - if you help me collect, then you get 1/2. She did her part and there is evidence that there was such an agreement.
She is in a good position, but there are no guarantees. If it is determined wholly on the basis of the Law of Wills, then there are problems if this bequest contracted a written bequest. The written takes precedence. In addition, if the bad grandson denied hearing the bequest, there may be a witness problem.
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