Legal Question in Wills and Trusts in New York
Probating a Will
I asked a question earlier today....
My stepdad told his lawyer that my Mother didn't have a Will when she did. He wants to redeed the property into his name and that means I have to sign the present deed over to him. The deed is in my biological Father's & Mother's names.
My Mother made a provision in her Will that my stepdad can live in her home in New York. If he sells the house, the proceeds go to her daughters. The same would apply upon his death.
I spoke briefly to his lawyer and he told me that I could just wait until he passes on because if I probate the Will now, he could contest it in Court. My stepfather is 87 and I believe he has cancer.
You had informed me that I should Probate the Will. If he contests it in Court, would the Court protect my interests or his? And, should I ask his lawyer to give me the original deed so that I can redeed it into my name now?
I thought a Will is legal and binding as long as a Notary signs it in front of 2 witnesses.
1 Answer from Attorneys
Re: Probating a Will
Without seeing the will it is difficult to give an informed answer. The will is only enforceable if it is probated. If it was executed properly it should not be contestable. If your mother died in New Jersey, see a N.J. lawyer. If the she died in N.Y. and the property is in N.Y. see a N.Y. lawyer.
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