Legal Question in Wills and Trusts in New York

Re: The wealthy should not inherit.

Your financial status is wholly irrelvant to the issue of the validity of the will.

Sounds like they are posturing and trying to extort money from the estate, contrary to the wishes of your friend. Based upon what you have told me, I would not give in.

Let me know if I can be of help.

Daniel Clement

Re: The wealthy should not inherit.

Sorry for the delay in responding, but I am currently involved in litigation just as you described, being the scrivenor of the Will. If you can demonstrate that your friend was competent to make a Will and knew and understood what he was doing, you should strongly resist any Will contest. The claims may get nasty, but if there was competency and a legitimate expressed reasons to disinherit the family members you should be successful. Anyone is free to do what they desire with their assets, and it is not always true that blood is thicker than water, regardless of the size of one's estate. You sound like you deserved whatever he left you, to their exclusion, and the law is clear, baring incompetency or undue influence. If you need law on the subject, write me as [email protected]

Re: The wealthy should not inherit.

First, I would say, the niece and nephew may just be blowing smoke in an effort to get more money out of the estate.

Secondly, your financial status has nothing to do with your ability to inherit. Bill Gates can inherit money, and so can you. Your financial state can only help you, since you can demonstrate that you did not need the money, because you have plenty of your own.

If you did not exert "undue influence" then you have nothing to worry about if they do actually sue. If they sue, they have to prove you exerted undue influence. Let them try.

If they do sue, who they are will be readily apparent what kind of people they are. Judges and juries are skilled at assessing people. If they make outrageous claims which they cannot prove, they will not win.

If I were you, I would tell you to stand your ground. The will expresses your friends last wishes, and these last wishes should be honored.

Re: The wealthy should not inherit.

When someone undertakes to challenge a Will the sparks can fly and it usually gets nasty and expensive.

There is no way you can prevent a challenge to the Will, except endure the delay and aggravation.

Your wealth, of course, does not prevent you from inheriting, but it relieves you of the pressure that might exist if you needed the money.