Legal Question in Wills and Trusts in New York
My grandfather passed away and about a year before he died he had a living will for his house. He left it to my mom and my uncle. Now the other siblings are sueing them for the proceeds of the house, what can my mom and uncle do? Also my grandfather has a truck that needs to be sold, how do we figure out how much to sell it for?
1 Answer from Attorneys
Your grandfather may have gotten bad advice. A living will is used to discuss medical care and other end of life matters. It is not used to distribute funds. Wills and trusts are used to distribute funds. It is possible that your grandfather did not have a valid will. However, this is impossible to determine without looking at all documents.
Your mother and uncle need to hire a lawyer to advise them on the validity of the will. The executor should have resolved this longer ago. If the estate still has assets that need to be sold, the executor can blue book the truck to determine the fair value.
Also licensed in New York.
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