Legal Question in Wills and Trusts in New York
Quickie will from internet
My mother recently passed away. While she was in the hospital, she had asked us to help her set up her will. We had scheduled for an attorney to visit her at the hospital but she wanted us to get her a ''temporary'' will in the mean time.
I went online and purchased a will with exactly what she asked for. We had the ''temporary'' will witnessed and notarized at the hospital.
My mother was a widow and my only sister has made it clear for the past eight years that she wanted nothing to do with us.
My mother passed away before the lawyer could get there.
In her will she gave to my sister the exact amount of $101. The remainder of her estate will go to me.
The reasoning for the $101 is because she was concerned that if left out of the will my sister can contest it by saying that mom was coerced to leave her out. The $101 represents 101 ways for her to think about what she has done to our family.
Once my sister heard about the will, she promised to fight it. She feels that she is entitled to half, which consists of a house.
My question is how valid are these wills that you can get over the internet or purchase at Staples?
Does my sister have a chance to override my mother's last wishes?
3 Answers from Attorneys
Re: Quickie will from internet
If the Will was prepared and executed properly, it is valid. I would highly recommend that you consult with an attorney as soon as possible to determine whether the Will is valid.
If you need my assistance, please feel free to contact me.
Re: Quickie will from internet
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The will and its' execution may be valid. However, the questions which will be raised by your sister when she contests the Will are:
1. Whether you used undue influence to eliminate most of her share, and
2. Whether your mother had mental capacity to make the Will.
Suggest you consult an attorney.
Re: Quickie will from internet
If properly executed and notarized according to State law, the Will is itself valid. However, you should be aware of several items, in addition to the other answers. Will usually made within a short time preceeding death are contestable. Expect that issues of competency, undue influence and timeliness of making the Will will be raised by your sister. I suggest probating the Will you have and let your sister contest. I do not know who the witnesses were? I would get a written, notarized statement from her treating physicians and nurses that at the time the Will was signed, they believed your mother was in full capacity, not impeded by her illness, and not under any medications that could influence her capacity to make the Will. Anticipate the contest and be ready for it. You may also need some letters or something from other family members who were aware of the relationship between your mother and sister, to use in Court. This reply does not create an attorney-client relationship, but is merely intended to provide general information in response to an Internet question.
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