Legal Question in Wills and Trusts in New York
Recorded telephone conversations
My grandmother is 86 years old and has been hospitalized for 6 weeks. My aunt is the executor of her estate. Theer are only two children, My mother and her sister (the aunt). My mother is concerned that my aunt is going to try to cheet her out of all or part of her inheritance by saying she is not responsible enough to get a large amount of money. My mother is kind of a gypsy. My aunt has been recording her telephone conversations with my grandmothers doctors, me, my mother or anyone else she can sucker into a conversation that discussess my mother. Can these recordings be used against my mother? This is taking place in New York, Long Island. If you could please answer this question for me it would put our minds at ease. Thank you for your time.
1 Answer from Attorneys
Re: Recorded telephone conversations
I do not practice law in your state so I strongly recommend that you contact your local police department and confirm my reply. In most states it is actually illegal for anyone to record a phone conversation without the consent of all parties involved. If your aunt does not have permission from all parties she is recording the recording is illegal. Some states even prosecute idividuals for illegal taping of phone conversations. As I said before, I do not know the laws of your state so I strongly recommend you contact the local police or sheriff's department and tell them what is going on and find out what your rights are. If the unfortuneate does happen and your grandmother passes away and your aunt chooses to contest the will I strongly recommend you immediately consult with an attorney to find out what you need to do to protect your mother's right to her inheritance. You should also make sure that your grandmother has a legally executed will. You may even want to have an attorney review any existing will to confirm its legality in the state your grandmother lives in.
Good luck.
John Hayes, Esq.
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