Legal Question in Wills and Trusts in New York
I have a friend who lost his family because of last minute manipulations to his father's will, actually a living trust, 60 hours before his death. The trust was changed to state that the friend would receive his share of the inheritance in yearly installments and, per stirpes, any amounts not received would go to his nephews, grandsons of the deceased. The problem is this: His brother used his own notary stamp on this new version of the trust, which the father signed in a hospital bed 60 hours before his death, to make this change, something which would potentially benefit himself and his child. This seems to be a violation of law in accordance with the Notary Handbook of New York. Is this a violation of the law or, at very least, a severe breach of professional ethics?
1 Answer from Attorneys
This sounds like an issue of undue influence. I strongly recommend that your friend consult with an attorney in the state where his father resided before his death. The longer he waits, the more likely the money is to be used up. Best of luck.
Kevin A. Pollock, J.D., LL.M.
www.PollockAtLaw.com
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
Also, visit my blogs at:
http://WillsTrustsEstates.blogspot.com/
http://BaseballLaw.blogspot.com/
--------------------------------------------------------------------------
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
