Legal Question in Wills and Trusts in New York
Parents Will
My mother is going to will her entire house to my sister in law. She was married to my brother but he passed away a few years ago. Can I fight that? I have two other siblings, one could care less, and one agrees with me that this is not fair. I want my sister in law to receive her fair share but not the entire estate. I don't feel thats fair. My mother has a duplex home and my brother lived there with my sister in law and two children. He paid a very low rent and helped with house maintenance. I also lived there for 10 years, paid rent, and also helped out as well. According to my mother she has an ''ironclad will'' that cannot be broken. Is there such a thing? Can I contest this will?
2 Answers from Attorneys
Re: Parents Will
A Will is a persons promise to devise property as that person sees fit. There is no formula for these devises and the entire concept of the Will is a Biblical principal accepted by common law. A person can devise his or her property in any legal manner without interference. While you may contest a Will for certain legal points. contesting because you do not like the outcome is not sufficient legal basis. Undue Influence, impaired mental faculties, or other legal challenges are recognized as valid matters to contest a Will. and prior to death of proponent a Will cannot be challenged. Speak to an estate attorney after the Will is published.
Re: Parents Will
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Pursuant to New York law, an individual can disinherit anyone except a spouse.
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