Legal Question in Wills and Trusts in New York

Re: left out of parents will

If you think the will was procured by the undue influence of your brothers, you and your sisters can seek to contest the will.

Daniel Clement

Re: left out of parents will

You can challenge the validity of the will based on the grounds you cite here.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: left out of parents will

A will contest is a difficult and expenseive propostion. Unless a large sum is involved and you have independent proof of fraud or undue influence don't waste your time.

Re: left out of parents will

As the child of a decedent you do have the right to contest the Will. A Will contest is a very complicated, expensive and time consuming process.

I suggest that you retain an experienced Estate attorney ASAP. Do not sign any Estate documents until you consult your attorney. Your attorney can take some preliminary steps and get some information for you so you can decide if it is worth your time and money to fully contest the Will.

Please feel free to contact me for more information or to discuss this matter further @ (716) 856-4022.

Re: left out of parents will

My condolences to you on your loss.

Yes, you can contest the will. In this case, you will probably need someone to admit that he/she 'forced' your mother to sign a will that she did not want to implement.

It is not as difficult as the other reponders to your question indicate and it will cost around 5,000 dollars.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: left out of parents will

Before the Will can be probated each person who would inherit if there were no will (this includes you and your two sisters) must receive a Notice of Probate. DO NOT SIGN ANY WAIVER. At that time, you may file objections to the Will.

If your mother died in Westchester County, the Will would be filed for probate in Surrogate's Court in White Plains. You should be aware that substantial proof is required to establish undue influence or lack of capacity to make a Will.

Feel free to call me at 914-478-2981 if you have further questions. I don't charge for an initial telephone consultation.

My comments are based on treating your question as an hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.