Legal Question in Wills and Trusts in New York

Estate Law

Only child left all of estate after death of father and made executor. 2nd wife not mentioned in will except to return home back to family. Father had prepaid her funeral and his funeral expenses. 2nd wife was not expected to live. She did. Week before his death,

father said that he realized his daughter was the one who

really cared about him and what happened to him. He went to a lawyer ten days before he died suddenly and made out the will. The night he died the stepson told the daughter that her dad had left everything to her the money , everything. After the funeral it took two months to get papers to carry out the executorship. It was discovered that the jt tenant stock account had been taken from his papers. the safety deposit boxes had been drilled out, and things were gone. He had stored tools at the stepsons that were to go to the grandsons. The 2nd wife and her son took it upon themselves to keep everything without communicating w daughter and sold stock etc. Daughter wants the half of the stock to replace the $9000 thqt was taken out of her dad's money to pay for the 2nd wifes funeral per stepson's prompt since she did not die. SHe wants the tools and the finance info they took.They told her to go away.


Asked on 10/24/08, 8:18 pm

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

Re: Estate Law

This is a tough call. Usually a Will done so close to death will lokk suspicious, although it may be valid. However, NY. like many states, has laws that prevent a spouse from being disinherited, absent a pre-marital agreement or some other writing between the spouses. If the Will were ruled invalid, the intestacy laws would entitle the spouse to most of the estate anyway. If the Will is valid, the statute on spousal election (where the spouse is disinherited) would also entitle her to a large share of the estate. From the amounTs mentioned, to sue would probably cost more than the recovery, even if successful. Try to settle the claims between the parties, without using lawyers.

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Answered on 10/25/08, 2:50 pm


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