Legal Question in Wills and Trusts in New York
my uncle who was 95 yrs old & just died was coaxed into a will when he was 94 by a neighbor looking after him. she bad mouthed me to my uncle saying i wanted only his money but i only wanted to be his health care proxy. now that he is gone (march16 2011) the will that was written has myself at less than 1% of estate & has herself at 53%, is there any legalality of protest to a scenario such as mine
barry rice
3 Answers from Attorneys
Generally, the answer is yes. There may be an issue concerning undue influence.
Mike.
Yes. You can have your attorney depose the witnesses and preparer of the will and try to determine if your uncle was competent to make the will.
I agree with both Mike and Arnold, that there may be a basis for litigating this, under several alternative theories. However, I caution you that a Will contest can be costly and time consuming, so if the estate is small, it might be better to enter into some type of settlement, rather than go to a full-scale trial. This is a response to an Internet question and the reply is not intended to be leagl advice or as creating an attorney-client relationship.
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