Legal Question in Wills and Trusts in New York

My wifes Grandomotehr died erlier this year. Her final will had her daughter (my wifes mother) getting 50% and 3 grandchildren (my wife included) splitting the other 50% of her estate. However, in the final years power of attorney was given to her daughter and the house deeded to her to avoid medicaid placing a lien on the house. Now my mother in law claims that since the house is in her name the will is null and void, and all proceeds are hers. She and her attorney actually destroyed the will (I am not sure if there is another copy). The house has been sold. We live in NY. Do the grandchildren have any legal recourse?


Asked on 12/01/11, 6:39 am

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Yes. Consult a competent attorney.

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Answered on 12/01/11, 6:54 am
David Slater David P. Slater, Esq.

Possibly. If the house was put in her name, solely for convenience, the beneficiaries may have a lien for the proceeds. A POA cannot change a will. No one has the right to destroy someone else will.

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Answered on 12/01/11, 7:55 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David that convenience does not obviate the true intentions, which appear to be that once value was preserved, the value was to go to family members. This will probably require some extensive litigation, which I should caution you can be lengthy, time-consuming and can be expensive. There are more facts needed to assist in the determination if you should proceed, such as who lived in the house, who paid the costs of maintaining it (taxes, insurance, utilities, repairs, etc.). This could impact on a final Court decision. Plus, claims may exist against the attorney for destroying the Will. I suggest getting a good local attorney familiar with Will contests and these types of situations, to assit you. Keep in mind that the suit is against the mother, so this could cause family friction, even among the siblings. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/01/11, 11:15 am


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