Legal Question in Wills and Trusts in New York
Left out of mom's Will, please help!
My cousin's mother passed away a few years back,her and her mom did not speak for a couple of years. We had heard thst in her her will, the mother had eft her house to her husband(2nd husband)and to my other cousin, my cousins brother.(they are brother and sister) We understand hat the stepfather will be selling the house shortly and moving to Fl. with his new wife. My question: I had recently heard that it may be possible that even though my cousins mother was angry with her and she was not put in the will, that there is a legality stating that the children are entitled to something even if they were not put in the will. Am I close? I just heard something to that effect. Pease let me know if the step father and brother were left the house, can my cousin fight this for a share in her mom's home even if exclided from her will? Thanks so much for your help. I realy appreciate it. By the way, my cousin does not speak to either her stepfather or her brother. Can she fight them in regards to this house?
3 Answers from Attorneys
Re: Left out of mom's Will, please help!
My condolences for your loss.
A child left unprovided for in a parent's will always has legal options.
These options are often a challenge, but it is likely that your cousin can get a share of the estate.
Then exact option that best serves your cousin's needs is heavily dependant on the specific facts of the case. For example, was the health of the deceased impaired at the time of the will and did not improve? How long did the second marriage last? What was the reason the cousin and his mother were disaffected and was there an effort to reconcile before she passed on?
A competant lawyer will be able to elicit a sufficient case to support an action for an unprovided child.
I would look for 'undue influence' or 'simple error' in the formation.
It might be best were I to meet with your cousin directly. Please make an appointment by email.
Andrew Nitzberg
Re: Left out of mom's Will, please help!
I agree with Andrew, that there might be a claim, but more facts are needed, not only about the health and competency, possibility of undue influence, or the laws on children not being mentioned. It is not automatic that any children will be entitled to inherit, where there is a surviving spouse, but it is also unusual that something would not be mentioned in the Will, even to say the child is being disinherited. A local attorney should be contacted promptly, as the right to contest a Will has a short statute of limitations period for the claim to be raised.
Re: Left out of mom's Will, please help!
Strictly speaking, a parent can disinherit their children in their Will. However, you must be certain that the Will did not provide for your cousin before you conclude that nothing can be done.
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