Legal Question in Wills and Trusts in New York
stepmother and previous family
i'm 42yrs old and my father remarried about 20yrs ago to a woman 23yrs younger and they have a 16yr old son. my father has been depressed on and off for years and in a major depression but doesnt stay on meds along time. i was living with my father before my stepmother and he married. she never treated me that great and seemed to want me out of his life by taking all pictures of me out of their apartment,not inviting me on holidays,locked me out etc...
well, she got my father to make a will in his ill mental state and i've asked him about it and doesnt answer me i dont think he even knows the name of the lawyer. i asked her for months the name she finally gave it to me. now what??i'd like to know whats in the will for me and my daugther. how do i go about this??also there is family history of my great grand father's secound wife taking all his money and leaving nothing to his children from his first wife.can i call the lawyer and ask about the will? should i ask her?? do i have any rights?? can she transfer funds to her account?? many questions?? help!!
2 Answers from Attorneys
Re: stepmother and previous family
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
A parent has the right to disinherit a child. The only relative with an absolute right to share in an estate is a surviving spouse.
If, after your father's death you find yourself disinherited you may be able to get something if you can prove that he lacked capacity, or that your stepmother unduely influenced him to leave you nothing.
Re: stepmother and previous family
This is a difficult situation and there is no perfect solution.
What you can do is document that he is 'depressed' and not taking his meds. In addition, you must make yourself present in his life. Visit him, have him to your home, do things with him.
In order to win an 'undue influence' case (where the will reflects the intent of the new wife and not your father)you must show that (1) he had little independant will and (2) you are a normal or rightful recipient of his 'bounty' (goodwill and wish that you share in his estate).
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
