Legal Question in Wills and Trusts in New York

Re: Mother's Estate

Your Mother has no obligation to leave her child (sole heir) anything. She may leave it all to charity.

However, a beneficiary on her bank accounts, life insurance, stocks, etc. (you) if not changed by her, "overides" what she states in her will as those things will pass to you by operation of law.

Also FYI, your POA terminates upon your Mother's death.

Re: Mother's Estate

So long as your mother is aware of what she is doing (of sound mind) she can leave her estate to whoever, or whatever she so chooses.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Mother's Estate

I agree with Debra and Steve, that if they are competent and have not been subject to undue influence, a parent can do whatever thyey want. You would not be the first or the last child to be disinherited. I also agree that if your name is on any account along with your mother, and the account registration is not changed to Mom's name alone, you get it even if the Will says something different. I do not know what the argument was about, nor do I care, but parents do different things for different reasons, so be aware of your risk. This is a response to an Internet question and the reply is not to be considered legal advice or to create an attorney-client relationship. Be aware that different or omitted facts could produce a different response.