Legal Question in Wills and Trusts in New York
my father passed away in 2010. he included his five children in his will for decades; during the last years of his life, my stepmother convinced him to leave all his assets to her. his intention was that she would pass on any remainder to us when she died. she has now made it clear she will not do this. do we have any recourse? thank you.
3 Answers from Attorneys
Maybe, but it is not easy. You would have to contest the Will during the probate proceeding. You would have to establish that the father's was tricked by the motion when he signed the last will; and that he failed to have the proper donative intent.
Mike.
I assume you mean title was placed in her name during his lifetime. Unless you can show duress, there is no recourse.
It may be too late to show undue influence on your father, which is one of the grounds to contest the Will. I have not seen the Will and there may be other grounds on which to contest it and have it overthrown. I suggest contacting a good local attorney who specializes in Will contests to see what can be done.
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