Legal Question in Wills and Trusts in New York

Two sons estranged from mother and sister for 18 years. Sister took

care of mom and mom lived with her for last 2 years of mom's life. Mom passed away recently. Mom had disinherited her 2 sons in most current will (drawn up after husband died) and also disinherited the 2 sons in a prior will since their estrangement. Everything was left to the only remaining child (daughter) Despite the fact that the sons had no contact with their mother for 18 years the 2 sons have resurfaced after 18 years and are contesting will. Also claiming that

their sister misappropriated funds from the mother. Any ideas??


Asked on 1/07/11, 12:51 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Probate the will. The sons have the burden to establish that mother did not have the intent or capacity to execute the will.

Mike.

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Answered on 1/12/11, 1:37 pm
David Slater David P. Slater, Esq.

and gather your witnesses to your mothers mental capacity.

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Answered on 1/16/11, 4:12 am


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