Legal Question in Wills and Trusts in New York

Stepmother named in Fathers will but would like to be removed.

My Father intended to change his will and remove my Stepmother's name because she had told him she had her own will and money left to her own children and he could leave his to his own children. He passed away last week before that could be done. My lawyer said that she could sign a form renouncing any part of the will. Her daughter called the lawyer and stated that her Mother wanted her share, the car, and to be executor even though her children have power of attorney over her bills. I spoke to my Stepmother tonight and found out she does not know anything about the will, the car and still does not want the money. What can be done at this point? Could I have the lawyer call her and have her sign the form? Could I take any action against her family for lying to the Lawyer?


Asked on 11/27/02, 1:41 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Stepmother named in Fathers will but would like to be removed.

Renunciation of a bequest is personal and can only be exercised, in this situation, by your stepmother.

I suggest that you advise her or suggest to her that she seek advice from an independent lawyer.

Her children cannot make the decision for her nor can they act under the power of attorney. Her decision is personal.

Obviously, she will be influenced by her children and she will have to take that and all other factors into consideration.

Keep in mind, she is entitled by law to the benefits under the last Will your father signed. Don't blame her or her children for your father's failure to sign a new Will.

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Answered on 11/27/02, 9:01 am


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