Legal Question in Wills and Trusts in New York
undue influence
my father recently passed away and to my surprise he made a will. He never believed in them, just thought everything should be shared 50/50. He had a large estate and at the end while I was sick my brother took over his care and must have influenced him to leave a million dollar home to him alone. In the will it states that he (my only brother)gets the property soley and then it states that me and my two children get the other 50% of the estate. 50% of what? All my dad's cash was changed into a joint acct. with my brother so what kind of will is this? 2nd I own two apartments, my brother and I are both on the deeds (these are not mentioned in the will) My broth says if I sign over my half he will give me half the cash. The apts. together are worth more but I could use the cash due to medical bills that cannot wait. In the will it says that anyone who contests it gets nothing. But didn't I get nothing anyway? Can I fight in any way for anything? One of the apts. my brother is now living in h The other he said I could keep worth about 100,000. Isn't he generous? My dad was in his right mind however very easily influenced. My brother definitely perpertrated this because he is 50 and never had I job. I am 48 living soley on disabli
2 Answers from Attorneys
Re: undue influence
Your situation is very complicated and I urge you to retain the services of an experienced estate attorney. There are legal options that you may pursue including contesting the Will, but you must be careful and well informed.
Re: undue influence
I agree with Rudolf that this is complicated, and an expert in Will contests should be consulted, to both explore your rights and how to present a charge of undue influence and what is needed to prove your case.
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