Legal Question in Wills and Trusts in New York
Decedants Estate Attorney Retain by Beneficairies C
Original Will evenly divided between 2 sisters, A & B. A's husband has retained Atty R as business atty for at least 3 years. Business has legal problems and husband A borrows 20,000 from parents in contract prepared by Atty R. Father becomes sick following year but over 6 months completes business, prepares for cremation and burial all with conversations with A & B, then dies. 3 months later mother goes to Atty R, changes Will leaving everything to A as well as in Will forgives husband A the 19,000 remaining (he defaulted on contracts agreement of repaying 1000/mo) if he remained married to A. Mother never tells B of changes. Next year, mother dies.
Is this ethical for Atty R? Does B have a chance of making Estate intestate due to these circumstances?
3 Answers from Attorneys
Re: Decedants Estate Attorney Retain by Beneficairies C
Are you stating that everything has been through wills and no trusts? This make a BIG difference. Did parents live in CA or NY?
If wills, then mother could probably change the terms of it because everything went to her after father's passing.
If cause can be shown to revoke Mother's will, then it would not likely be changed to intestate but rather return to Father's will.
Our office specializes in probate, trusts and estates. Please feel free to learn a little more about us on our firm's website located at NO-PROBATE.com.
We can be reached through the site or at the address, phone and email provided hee on LawGuru.
Regards,
Scott Linden
Re: Decedants Estate Attorney Retain by Beneficairies C
Whether or not the will can be defeated depends upon proving either, 1. the will is forged (not genuine), 2. it was executed under duress or undue influence, 3. the mother did not have testamentary capacity at the time she executed the will, or 4. the will can't be proved up because of technical deficiencies such as in witnessing.
Re: Decedants Estate Attorney Retain by Beneficairies C
I am not sure I agree with the other authors, and suggest you contact an estate attorney where the Will was probated. There may be possible claims against the attorney for representing both the husband and the widow, such as conflict of interest, and there may be a claim for duty owed to the disinherited daughter, and there may be a possibility of contesting the new Will on grounds of undue influence by A and her husband. What was the mother's mental state when the new Will was prepared? How long has it been since the Will was probated, as some Will contests must be brought within a limited time of the probate. You can also check with the local bar ethics commitee where the attorney practices on the question of a claim against him. Know that Will contests can be costly and you do not say what the estate size is. The possible cost could exceed the inheritance. More facts are needed for a more complete response. This is a reply to an internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
