Legal Question in Wills and Trusts in New York

Am I out of luck or do I have a chance to get part of my fathers estate and what kind of attorney would I need?

My farther dies and married to second wife for 23yrs. All personal assets were left to her through joint assets and nothing to me or my sister. He had a multi million dollar business with partner and left his half to my brother in law who works there. So my sister being married to him gets half the business. I spoke to my farther over the years to make him understand that it was not fair that my sister was going to inherit the business and I was inheriting nothing and also make sure he had his personal estate in order being he was remarried so all his assets would not go to his wife and then her kids when she dies and nothing to his 1st family. My father would respond don't worry you will be taken care of. He only had a will, but all personal assets were joint.


Asked on 12/09/12, 4:53 pm

3 Answers from Attorneys
Yefim Rubinov Yefim Rubinov Attorney at Law

You would need a probate attorney to fight the will. Hire one ASAP

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Answered on 12/09/12, 5:53 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Yefim. Question - if all his assets were jointly owned, how did he leave the business to your brother-in-law?

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Answered on 12/09/12, 8:09 pm
Arnold Nager Arnold H. Nager, Esquire

Unless you can prove either undue influence or that your father was of unsound mind, you are unlikely to succeed. If you can get an attorney to take this on a contingency basis, go for it.

You are permitted to depose up to two persons at the expense of the estate but only before you contest the will. It might be worthwhile doing that to see what is going on that caused you to be left out of the will.

Good luck.

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Answered on 12/10/12, 3:52 pm


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