Legal Question in Wills and Trusts in New York
Inheritance Rights
My Father passed awy in Feb. 2000.
I'm concerned about the distribution of his estate.
A will was drawn up while he was hospitalized on his death bed and my brothers and I know that the signature on the will is not his.
He has a wife who lives in the Virgin Islands where he had several businesses also businesses here in New York along with property in Louisianna.
Are my brothers and along with my mother, whom he had been married to for 25 years and then divorced...are we entitled to any of his estate....Please help!
2 Answers from Attorneys
Re: Inheritance Rights
Unless you contest the validity of the last will, its terms will control. If you contest the will and are successful, you may be entitled to you intestate share, which could be equal to 2/3 of the estate (shared by your siblings).
If you have other questions, please feel free to contact me.
Daniel Clement
212-279-6194
Re: Inheritance Rights
The Rules for Descent and Distribution under a will or where there is no will are established under the Estates , Powers, and Trust Laws and the Surrogates Court Procedure Act. To Contest the "will" you must petition the Surrogate's Court. You do not say whether you are named to 'share' in the present 'will'. Be careful that there is not a clause contained in this 'will' that would invalidate your share if you are unsuccessful in a will contest.
If you need assistance I can be reached at 631-288-8600. web site eastendlaw.net [email protected]
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