Legal Question in Wills and Trusts in New York

Probate, Estates, Wills

My father died in 2003. I was never given notification of a will until today 3/23/09. I see he left everything to my older sister.

Two questions:

#1 Because I wasn't notified can I still contest this will? This would be on the grounds he was under influence/diress, (my other/younger sister was originally to be equal sharing of the inheritance but wasn't written out just before he died. I believe my older sister and her husband had coerced my father into doing this while he was medicated. (But the will was witnessed).

#2 My main concern is ownership of a house. My mother and father were legally seperated years ago, but not divorced. He owned this house solely. He left it to my sister. I think my mother should have it. How did the ownership transfer, and was this allowable in spite of the fact that I was never notified of a will - is there any way I can get the house to my mother?

Thanks for your help.


Asked on 3/23/09, 3:36 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Probate, Estates, Wills

You are entitled to service of citation(like a complaint in a civil case)before the Will can be probated. If you did not receive a citation then your time to object Will has not expired.

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Answered on 3/23/09, 3:49 pm
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: Probate, Estates, Wills

I agree with Mr. Nadel. How were you notified of the Will today? If you just received a citation, then the court date on the notice is your deadline for filing objections to the Will. You have presented some complex legal issues, I suggest that you consult with an estate attorney as soon as possible.

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Answered on 3/23/09, 4:48 pm


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