Legal Question in Wills and Trusts in New York
Disinheriting from a will
What happens when your mother is brutally murdered, a grand jury returns an indictment against her son, he is subsequently tried and acquitted of all charges and later a district court determines that you cannot inherit from your mother's estate because of the murder?
2 Answers from Attorneys
Re: Disinheriting from a will
You can appeal and prove error, or you can save the money of an appeal and go on with your life without an inheritance. Either way overturning a judicial finding will be an uphill challenge.
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Re: Disinheriting from a will
The right to inherit under these circumstances may be subject to a different standard of proof in the civil case than in the criminal case (think of the OJ matter as an example). Since the inheritance case is part of civil law, you should consider an appeal of the decision, but have your attorney research the law that would apply. You did not provide sufficient facts for a more definative answer (such as was there a trial on the issue and a determination of guilt using the civil standards).
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