Legal Question in Wills and Trusts in New York
undue influence in wills and estate
mom died last year dad is near 80 with history of brainand lung cancer. only have the one brother who will not let me near dad or let dad talk to me what is best way to prove undue influence when dad passes. like to establish it now. dad worth over 2 million and brother would like him to be only inheritor he convinced dad when mom suddenly died that i did something horrible do not know what and no one will tell me i was not allowed near casket and not allowed to speak to dad at funeral! i did nothing in reality and do not deserve this. brother took dad to lawyer and made will leaving everything to him and dad signed it leaving me one $1 so as not to contest. any options opened to me? brother will not allow dad grief counseling, open door to me if so he will abandon dad and dad fears this enough not to speak to me for fear of losing his son sisterinlaw has put money on million dollar home in anticipation of dads death. brother is diagnosed with ms but still ambulatory do not think either one is capable of handeling money because of neurological disease of brain. went to surrogate court for not signing letter of administration judge said prove brain damage cannot afford 7500 lawyer deposit so i walked away Im older by 7 year
2 Answers from Attorneys
Re: undue influence in wills and estate
THIS IS DIFFICULT TO DO NOW, AS MOST COURTS WILL NOT ENTERTAIN A CLAIM FOR UNDUE INFLUENCE UNTIL A PERSON DIES. YOU MIGHT WANT TO CONSIDER, IF YOU CAN ESTABLISH IT WITH MEDICAL TESTIMONY, AN INCOMPETENCY PROCEEDING FOR YOUR FATHER. YOUR PROBLEM IS THAT THE LONGER YOU DELAY, THE GREATER THE RISK, AS THEY WILL PROBABLY GET HIM TO GIVE THEM A POWER OF ATTORNEY OVER HIS ASSETS AND START TO TRANSFER THEM. YOU SHOULD IMMEDIATELY RETAIN AN ATTONEY. IF YOU DO NOT HAVE FUNDS, CONSIDER LEGAL AID.
Re: undue influence in wills and estate
This is a difficult situation. The courts will not intervene on the matter of the will until after he is deceased.
The proper tool is the Article 81 Guardianship Hearing. You must make a petition to be appointed his guardian and that will enable you to be in a room with him where you can talk to him. This is an extreme remedy, but you make it sound like a dire situation with little time remaining.
I would charge $2500 for the entire Article 81 proceeding.
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