Legal Question in Wills and Trusts in New York

Re: Fraudulent wills

Contesting a Will requires that a caveat be filed with the Surrogate setting forth the basis of the claim (fraud, incompetency, undue influence, etc.) Hearings are then scheduled at which time testimony will be heard regarding the claim. There is the opportunity for pre-trial discovery, which allows for the requesting that documents be produced, depositions (pre-trial live testimony of witnesses), experts be retained (e.g., handwriting analysis or medical testimony as to the ability to understand documents due to nature of illness, medications involved, etc.). You can also obtain hospital records to verify conditions on various dates, medications that had been given, and other conditions (I had a case where it was claimed the Will was read to the patient before signing and we established that the patient did not have her hearing aid that day - it was accidently thrown out - and was unable to hear anything).

If the Will is proven to have been obtained by fraud, undue influence, during incompetency, etc., it will be thrown out. A prior Will, if any, can then be established to set the estate or, if there was no Will, intestacy rukes will govern (i.e., the decedent is deemed to have died withiout a valid Will in effect and the state law sets forth the disposition of assets.

If you need any assistance, you can call me at (973)-377-3313.

Walter