Legal Question in Wills and Trusts in New York
Do I have the right to see a prior will?
My father was served papers yesterday for not signing off a will of his uncles in which he was left 1000., the will was revised 2 days after his uncles wife passed away, and he is very old and has not been in a right state of mind for over 2 years, but the will is less than 1 year old. My father's brother is the executor and power of attorney and was given in the will the remainder of the estate after a few donations were given out, so he will get over 200,000, my father feels this is not an accurate will, he does not feel he should of been left anything nor should his brother of been left anything, but that he can't sign off on something he feels is invalid, he would like to see a copy of the will preceding this one, do we have a legal right? How would we gain access to it? My dad does not want the money, he just wants his uncles wishes in his last true will to be granted. Please help, we only have a few days before we have to sign or go to court.
2 Answers from Attorneys
Re: Do I have the right to see a prior will?
You can object to the Will based on capacity or undue influence. It will then be possible to seek all prior Wills.
This procedure really needs a lawyer.
Your position can prevail only if a prior Will gives more to your Dad or if all Wills are knocked out so that distribution would be made by intestate laws and your father would gain thereby.
If he does not stand to gain financially from the Will contest he will have no standing to contest the Will. The Surrogate does not seek do-gooders.
Re: Do I have the right to see a prior will?
I am sympathetic to you and your father in your efforts to help your uncle leave his assets in accord with his wishes. This is not a new problem. It is one that I, as a lawyer, see several times a month and there is considerable law on the subject. This is not a 'new' problem and your father's brother did not invent a new form of perfidity. And there are things you can do to slow this down.
First; your father has every right not to 'sign off' on the will. I recommend that he return the will (retaining a copy) by certified mail with an enclosed statement that he (your father) will contest the will and that all records and documents of preceding wills be retained and preserved.
Second; your father should meet with his brother and try to talk. Try to make it a friendly talk with no accusations or threats, just a family visit. and make the point that he will contest the new will.
A brother is a valuable friend, at least try not to throw one away.
Third; the 'power of attorney' should be challenged. This wouyld require an examination of your uncle by a medical professional.
Fourth; the new will can only be challenged after the uncle becomes deceased. However, the power of attorney can be challenged now. The challenges are very similar.
Protecting the elderly is becoming a bigger issue and the need is far more common than is generally known.
You are welcome to a consultation for no fee.
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