Legal Question in Wills and Trusts in New York

Statur of Limitation ended, but they were given more time

My Aunt died last April. She had a will with my sister as executor. My sister and my aunt had a joint account. The account was established when my mom was sick about 7 years ago. My aunt was not eating properly,so my sister decided it was best for her to enter an Assisted Living. When she entered that we put her house up and it was sold. The money was placed in that account. My Aunt then rewrote her will because my Mom, and her brothers were on it. They were no longer alive. She changed it to include their children. Well my remaining Aunt felt that since she was the only survivor that she should get it all. When this occured my sister took the money from the Joint Account and distrubuted it, per my aunts wishes. The other Aunt was given her share $66,000. My sister was ready to distribute the stocks and then my other Aunts Son, an Attorney called to Question the will. My sister then hired an Attorney. in May.Everyone was given time to send in a paper that they were not contesting. Only that Aunt never sent it in. It went to the Courts and when time ran out, the courts went to her house and she took a tantrum. Since she is old the courts gave her another month.This crazy Aunt has money Is this a normal Procedure?


Asked on 2/28/05, 7:59 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Statur of Limitation ended, but they were given more time

Sounds more like greed than anything else. It is not unusual when a person has siblings with children to pass the share of a sibling to the sibling's children if the sibling predeceased. In fact, this happens more often than not. Sounds like you aunt feels that since she is the only surviving sibling, she should get everything. Only question that should concern you is if there is a question of your aunt's competency when she made the new Will. Since she was in assisted living, this could be an issue raised to contest the Will. She might also argue undue influence by your sister. I suggest being prepared, and having the medical reports, if any, from the assisted living facility to verify your aunt's competency at the time the new Will was prepared. Last comment: What were the terms of the former Will? Did it say anything about would happen if a sibling died? Did it say that if a sibling died, their share would go to their children, or be reallocated among the remaining siblings? If the latter, that language might be used by your aunt to try to support her claim. If the former, the language would support the new Will, and just clarify the update as what she intended.

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Answered on 3/01/05, 11:02 am


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