Legal Question in Wills and Trusts in New York
what kind of will should mom get ?
my mom is a 75 year old widow,and has 4 grown chidren, she lives with a 55 year old man for the past 18 years, they get along fine,my mother wants him to keep her car, and split their bank account with her 4 kids. my little sister hates him and says he will get nothing, not even the jewlery this man has bought my mother, my mom does not have much,but the little she has she wants divide among this man and my sibblings.my mother is very upset with my sister, what can i do ? i need to find a inexpensive way to settle this. can i get forms for my mom and i fill out and just get them to a notary? i am her oldest daughter, my mom lives in n.y. i just moved from there to another state. but i can take any papers to her, since my little sister lives upstairs my mom does not want any forms coming to her house, please help us with this, my mom wants to do something now,so that when she passes on her domestic partner won,t be left without anything. she also has a certificate from n.y stating their are domestic partners,my sister says it means nothing, i disagree, i told my mom some years ago about this and she took the steps to get one. please tell us what to do. thank you
3 Answers from Attorneys
Re: what kind of will should mom get ?
Have her execute a will. She will need an in terrorum clause to scare the daughter away from contesting the will. It is true that without a will, the domestic partnership might not earn him a spot if the estate is probated WITHOUT a will. But this can all be avoided by just executing a will. I can prepare a simple will for you for a reasonable fee that will be valid in New York. She can sign it, have it witnessed by the required persons, and I will show you what to do with it afterwards.
Re: what kind of will should mom get ?
I am not licensed in NY, so cannot give you specific advice.
I believe that your mom should get a NY lawyer to create a will distributing her assets in the manner she wants, including a provision that would make it difficult for any beneficiary or legal heir to challenge or contest the will.
There should be estates lawyers near her home with whom she could consult. She should be the client, not any of her children, well intentioned or not.
Re: what kind of will should mom get ?
I am licensed in NY. I agree with both prior responses. It is crucial for your mother to have a properly executed Will. Without a Will, her domestic partner will not inherit anything (even though they are registered). The law only recognizes legal marriages.
You may contact me directly for a complimentary consultation.
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