Legal Question in Wills and Trusts in New York
can a surviving daughter contest a will where she has been disinherited and other siblings receive property and money
1 Answer from Attorneys
If the will is being offered for probate in New York, then the decedent�s distributees have a right to contest the will. The distributees are those heirs who would receive the decedent�s property in the absence of a will. Also, beneficiaries of a prior will may contest the will being offered for probate. To successfully contest a will, it is necessary to show either that the decedent was not of sound mind at the time the will was executed or that the will was the product of undue influence. You must file objections to probate within a specific time period. Please contact my office directly if you would like to discuss your situation further.