Legal Question in Wills and Trusts in New York

My Step Brothers Father wrote in his will that he had no wife and no children and left his cousin as the executor. Now that my brother has been located and the estate is on hold because he is contesting it on the grounds he's the only biological child Will he be entitled to any of his father's assets? Will any family member who served as a witness to the will be excluded from profiting from his inheritance on the basis they could have coersed him? The Cousin is the person in question who is the executor.


Asked on 11/12/09, 5:39 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

An executor is the person in charge of making sure the decedent's wishes are carried out. A beneficiary in a will is the individual that receives the inheritance. Therefore, I am a little confused by your question. Under the will the cousin is the executor. Who is the beneficiary? I assume that the cousin is the beneficiary. Therefore, if the brother has the will declared invalid, he would receive the inheritance as a biological son of the decedent.

You next question deals with witnesses. An individual that may inherit from the decedent may not sign as a witness a will. However, I believe you use the word "witness" in a broader sence - that the family member saw the father signed the will but did not sign as a witness to the will. Under the dead man's statute, an individual may not testify about a decedent if he or she receives a benefit from the testimony.

Mike.

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Answered on 11/18/09, 7:52 am


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