Legal Question in Wills and Trusts in New York

Question regarding new Will

A family member petitioned the court for guardianship of my mother and lost. I was appointed guardian of her person and guardian of her finances along with a court appointed guardian.

My question is My mother would like to change her Will. Do I need to get the permission from the co-guardian for her to do that?

Also I have another question: What is the best way to set it up where it does not have to be probated? My mother owns her own home.

Thanks for your replies and advise.


Asked on 4/12/08, 5:42 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Question regarding new Will

If your mother is incapacitated, this cannot be done in a simple fashion, unless you have a Power of Attorney given you when she had capacity. Presumtively, she is incapacitated or the Court would not appoint people to do this. If the law allows, and your co-guardian of her finances will probably have to petition the Court to allow it, I suggest using a living trust in lieu of a Will. This accomplishes all the Will does, but allows to be done without probate. You have not provided sufficient information to provide a better answer. For example, why was the original petition denied? Why did the Court appoint both types of guardians (this is usually done when the Court finds the person incapacitated)? What is the total value of Mom's assets? What changes does she wish to make, and why?

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Answered on 4/13/08, 8:19 pm


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