Legal Question in Wills and Trusts in New York
Two questions.
1. Is a will legal that was signed six days prior to someones death that was on pain meds,. and had early stages of dementia?
2. Only two people were named in the will and everything is to be divided equally between the two. Does the executor have the legal right to change the locks on property preventing the second person named in the will from gaining access?
Asked on 11/24/09, 5:44 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Answer 1. If the grantor had the mental capacity and donative intent, then a will signed 6 days prior to death may be deemed legitimate.
Answer 2. An executor has the duty to marshal and distribute assets. If the executor changed locks on doors to preserve an asset for the purpose of distribution, I do not see how that is illegal.
Mike.
Answered on 11/29/09, 9:33 am
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