Legal Question in Wills and Trusts in New York

Re: Overturning a will

I agree with the previous answers. It seems like there is something "fishy" going on, but I would need more facts before coming to any conclusions.

I can imagine it is hard for you to trust attorneys in this situation, but I would suggest you find a local attorney. Ask for referrals from friends, and call the local bar association. You can handle this yourself, but overturning a will is difficult at best, and considering your opponent is an attorney, you should have a qualified attorney as well.

Re: Overturning a will

It would seem that there is abuse relative

to the administration of the estate. There

are also mandatory accounting rules. These

probably will not result in an overturning

of the will but should result in a more

equitable administration and an understanding

of where the money is. These rules include

a mandatory accounting 7 months after the

will is admitted to probate, which seems

to have long passed.

Please feel free to contact me at

716-235-2560

Fax 716-235-2607 or

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to discuss retaining and proceeding in Court.

Re: Overturning a will

There are many reasons to challenge a Will; but dissatisfation with its provisions is not one.

No lawyer , executor or trustee can receive any money from an estate or trust without court approval or unanimous consent from all of the parties.

Only an interested party, a person named in the Will or a person who would receive something if there was no Will, can contest the Will. Only a party who takes under the Will can demand an accounting to be made by the executor or trustee.

So a lot more facts are rquired before advice can be given regarding a contest.