Legal Question in Wills and Trusts in New York
step family and will
My father has been remarried for 20yrs now,suffers from depression and has a child w new wife. My stepmother had a lawyer come to the house and make a ''will''. I feel my father isnt aware of what's in it. He's much older then his current wife and not taking care of himself. In the event he dies ,what are the steps i would take to find out what's in the ''will''.???who do i call etc.. step by step. and how would i contest it , if need be. Thanks
1 Answer from Attorneys
Re: step family and will
This is a common problem and one that is dealt with in detail by relevant law.
The legal theory under which you may challenge this will after he passes on is 'undue influence'. You have no right to inspect or challenge the will while he is still present in this world.
The best way to strengthen and support your laster claim is to be present in his life now. Visit him often. Make sure he knows and spends time with your children. You must be able to argue that he was aware of and approved of you as the 'naturaql objects of his bounty'. (That is the leagl phrase.
It's best for him and for you that you make every effort to frustrate her efforts to isolate your father from you.
Good luck.
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