Legal Question in Wills and Trusts in New York

unfairness in will distribution

My mom was not named in a will, her sister received a vast majority of the estate. We were told that the will when it was filed was not done properly, something to do with original vs photocopy..... is there room for contestment.


Asked on 8/21/08, 9:56 pm

3 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: unfairness in will distribution

You provide insufficient facts for a proper answer. Whose Will was it and what is the relationship to the decedent of your Mom and her sister? Many States allow a valid photocopy to be used under a procedure known as Administration with the Will annexed, so a Will that may not be invalid can still be the subject of probate. What would your Mom have gotten if the Will was invalidated and the decedent's estate proceeded through "intestacy" (where a person dies without a Will)?

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Answered on 8/23/08, 1:47 pm
Michael Markowitz Michael A. Markowitz, PC

Re: unfairness in will distribution

I cannot comment on Florida law. In New York you must file an original will. Therefore, you must tell us where the will was filed.

Mike.

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Answered on 8/22/08, 12:32 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: unfairness in will distribution

A copy of a will can suffice if it is proven correctly. Unfairness is not a valid grounds to contest a will.

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Answered on 8/21/08, 10:08 pm


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