Legal Question in Wills and Trusts in New York

My mother's aunt named my mother beneficiary in her will, which was drawn up in 2008. My great-aunt has recently passed away and now my mother's sister is contesting the will. She is claiming my mother coerced their aunt to name my mother beneficiary. The will their aunt had drawn up previous to her current one had named the afore mentioned sister as beneficiary. My mother in no way coerced her aunt, who for the last two years disliked and wanted nothing to do with my mother's sister. She had learned some things about my mother's sister which upset her. My mother's sister is a very greedy person and we have no doubt that she will continue to lie in contesting this will, even if she testifies in court. What do you think my mother's chances of winning in court are, and how do we prove that everything her sister is claiming are lies?

Asked on 5/18/10, 1:20 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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There never is any guaranty of an outcome, and the judge will have to evealuate the testimony given. These are difficult cases to prove and probably will take some time to be concluded and expensive to defend, and expensive to even prosecute. I do not know what may be said or what proofs may be presented so I cannot guide you. She needs to have proof of what she says, so just words may not be enough. More specific information is necessary to provide a proper reply.

Answered on 5/23/10, 5:34 pm

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