Legal Question in Wills and Trusts in New York
Why do I need to sign?
This past August my father passed away unexpectedly. Recently, his elderly Aunt passed with no children,siblings or spouse, only leaving my father's 2 sisters surviving and us great nieces and nephews. My one aunt claims that everything was left to her in the will and states that we all need to sign some papers. We have not seen the will, but know that none of us would have been disinherited. Do I and my siblings (other great neice and nephew is of course children of the aunt staking claim to all) have any right to any of the estate if my father had been mentioned (he died at end of Aug- she just passed Dec 7 at 102yrs and seems unlikely that she would have been able to update her will accordingly. At times I had wondered if she really understood that my father had passed. What is it you believe they are asking us all to sign if they state we have no claim?
1 Answer from Attorneys
Re: Why do I need to sign?
The answer depends upon the language of the Will. It could have been written several ways and without seeing what it says, I do not know what way it was written. It could say that only survivors of the decedent inherit, or that if someone has predeceased their heirs take in their place. Other questions are raised, such as when the Will was written. If it is recent (after your father's death) a question might arise as to why the other surviving sibling of the decedent was not left anything. Was there undue influence by the aunt getting the estate? More information is needed and you should get a copy of the Will and have it promptly reviewed by an attorney familiar with estate and Will matters, so if some contest is to be undertaken, it can be started promptly.
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