Legal Question in Wills and Trusts in New York

Is this legal.. my mothers will

my brother-in-law is the executioner of my mothers will. in the will she had two of my sisters deducting money that she gave them as a loan when she was alive.. $20,000 each. my mother had given me money to help out my financial problems but NOT as a loan or repayment. In the will it does not ask for any repayment of anykind from me. My brother-in-law found checks dating back to 2003 to 2007 totalling 18,000 dollars and feels they are loans and need to be deducted from my share of the will. My question is does he have the right.. according to his lawyer he does being executor.. I have a hard time believing he can go above my mothers wishes in the will. can you tell me if I have a chance to contest this will or any chance of fighting it. The house is in Yonkers NY but I live in CT Thank-You in advance

K


Asked on 2/11/09, 6:51 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Is this legal.. my mothers will

The brother would have to commence an action on behalf of the estate against you for nonpayment under a loan agreement. You cannot just deduct the money in violation of a will.

In the action the estate would have to prove that checks delivered was a loan, instead of a gift. If there is no language on the checks stating "loan", this will be very hard to prove. Furthermore, depending on the date, the time to commence an action on the 2003 check may have expired.

Mike.

Read more
Answered on 2/12/09, 8:19 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York