Legal Question in Wills and Trusts in New York

Probate Will Contest In NY Cut out of will

My father's will was resubmitted 5 days before he died cutting me out of it. He was under heavy medication. My siblings are behind this and his will was offerred to probate but I refused to sign my waiver of rights. Now there is a hearing. what do i need to do? I am a law school grad and wish to represent myself pro se. do i need to do anything more that just show up at the hearing?


Asked on 10/07/04, 6:28 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Probate Will Contest In NY Cut out of will

Be prepared to submit you proof (witnesses, hospital records, etc.)

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Answered on 10/08/04, 11:51 am
Norman Nadel Norman Nadel, Esq.

Re: Probate Will Contest In NY Cut out of will

Do a lot of research and be prepared with medical facts.

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Answered on 10/07/04, 9:03 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Probate Will Contest In NY Cut out of will

Remember Lincoln's adage from your law school days, An attorney who represents himself has a fool for a client." There are many issues and you may not have enough experience, so having an attorney familiar with probate and Will contests never hurts. Issues may be raised about the timing of the new Will (check the law on Wills made within 30 days of death, as to their legitimacy). There is certainly a question of competency, if he was ill and under heavy medication (get as many medical records as possible to support this claim). Then there is a possible claim of undue influence by your siblings to have you excluded (you do not say if there was an legitimacy to being excluded) and be prepared to defend any claims they make. I suggest doing some research on Will contests and having legal authority available on any case with similar facts (treat it as a moot court experience). There may be other issues to raise, which is why I suggest retaining an attorney expert in these areas.

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Answered on 10/12/04, 12:11 pm


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