Legal Question in Wills and Trusts in New York

Effects of contestation suit if inheritance is totally or partiall refused and

My father died recently, leaving a living trust where I share the inheritance with my sister. I have been advised that my sister is intending to sue the trust (when accounting is complete)as she feels my father was already demented when he signed the trust, which his lawyer,his POA, prepared for him to avoid probate. My sister claims she has some evidence that my father wanted to disinherit me, or at least that I SHOULD be disinherited, that I "should not get anything". All of this is due to spite and greed, but she means business and has the funds for tenacity.

I have been planning to refuse all or part on the inheritance in any case, so that my children receive it directly, but if I do so and then my sister sues, can she go after my children? How likely is she to succeed in obtaining a judgment against my children?


Asked on 8/06/00, 1:06 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Effects of contestation suit if inheritance is totally or partiall refused

Was this a NY or NJ trust?

You will typically need to sign the disclaimer within 9 months of your father's death, so time may be an issue.

Your sister's claim would appear to be difficult to prove.

You should also look at the circumstances surrounding the execution of the living trust. Was it signed by the attorney in fact? Did the Power of Attorney authorize this? Does the trust follow the terms of your father's prior Will? Depending on these answers, your sister's claim may be weak.

You should seek legal advice as soon as possible

I can be reached at 908-273-1212

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Answered on 9/14/00, 10:17 am


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