Legal Question in Wills and Trusts in New York
Stepparent changes will while spouse is incoherent
My father was dying and he in his insurance policy named his 3 children as getting half the life policy while the stepparent gets the other half. It was a seen and known document. As he was dying and on alot of medicine and incoherent the stepparent has the father sign a new will that leaves her everything including all the insurance policy. She had her friend who is a lawyer make the new will and her lawyer friend and other friends witnessed it. My father had no idea what he was signing since he was on so much medicine and dying. The stepparent claims this is in old will, but I was a witness that there was never a will signed. The stepparent claims all the money is hers and we get nothing. My father was very clear that he wanted the children to get 1/2 the insurance and didnot even know he signed anything. We children didnot find out about this new will until after he died. the stepparent claims she will leave us his estate when she dies (she is young) and that it will be split with her biological children. Father was very clear that he didnot want her kids to get anything since he never raised them and they have their own father who is wealthy. Stepparent never worked either.
2 Answers from Attorneys
Re: Stepparent changes will while spouse is incoherent
I agree with David. Unless a new beneficiary declaration was made, the existing beneficiary designation controls, even if the Will says something else. You should check with the insurance company to see what the latest designation says. You may have to start 2 suits: one to contest the Will either under the theory of undue influence or incompetence, and also, if a new beneficiary designation was processed, to enjoin the payment of the policy proceeds until the competency of your father can be ruled on by a Court. You can ask that the proceeds be placed with the Court, until it determines what should happen. Final thought. You do not say how much is involved. Suits to contest a Will are expensive as are suits involving insurance. Is the amount you would get enough to cover the costs of suing? If not, chalk it up to bad luck and get an agreement in writing from the stepparent that whatever remains will include you and your siblings, with no portion to be gifted to anyone during the stepparent's lifetime. Then pray something is left.
Re: Stepparent changes will while spouse is incoherent
1. Unless he changed the insurance policy beneficiary form you should still recieve the insurance beneifts. Contact the insurance company.
2. In any event, you must contest the validity of the will. Should you need NY counsel I can recommend one of my associates.
Good luck.
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