Legal Question in Wills and Trusts in New York

Re: Fraudulent will

Until the will is submited for probate there is nothing you can do. As a spouse, you cannot be disinherited and will be entitled to your right of election in NY (1/3).

Re: Fraudulent will

Have your husband prepare a new will, which will effectively rescind all prior wills. In the meantime you can have him excute a written rescission of that prior will.

You may contact my office direclty for additional assistance at [email protected] or 212-401-2990.

Good luck.

Re: Fraudulent will

If the Will is ultimatley submitted for probate, it will, of course, be found invalid.

However, your husband should probably execute a new Will and revoke all prior Wills he made.

You should also be aware that whether there is a valid Will, or not, you will be entitled to a large share of your husband's estate if you are still married when he passes away.

If you need assistance on this, or any other matter, please feel free to contact me.

Re: Fraudulent will

I concur with the other responders. Presuming your husband is not incapacitated, he can create a new Will, containing whatever provisions he now desires to include. Any Will can be revised and changed up to one's date of death, if they still have testamentary capacity. Likewise, even if he were to attempt to disinherit you, state statutes exist which would prevent this, if you meet the eligibility requirements. In light of what has taken place, he should also reconsider if he wants to leave anything to his family if you were to predecease him or if there were a divorce.