Legal Question in Wills and Trusts in New York
probate law
my uncle was declared incompenet and he did a will i am contesting is the will invalid becouse he is incompetent
Asked on 6/30/09, 7:58 am
2 Answers from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: probate law
If the will was prepared after he was deemed incapacitated, then the will would be void. If the will was prepared before he was deemed incapacitated, you would have to prove that he was incapacitated at the time that he signed the will.
Mike.
Answered on 6/30/09, 8:24 am
Walter LeVine
Walter D. LeVine, Esq.
Re: probate law
I agree with Mike. Date of events control what needs to be done.
Answered on 6/30/09, 1:12 pm