Legal Question in Wills and Trusts in New York
What if their is no will?
I have a aunt who claims she has no will or doesn't need one.My aunt says she has no living relatives,Yet she says i am family. she was married to my (blood) uncle , so i am not a blood relation.She is not senile but does have a tendancy to be very forgetful. Currently i visit 3 times week bringing over food,misc.necessities She pays her bills thru me Anyway questions; Could i get power of attorny, is their a way to find out if she has a will,She claims to have a $1000 ins policy and that will take "care ' of things You know how far that will go. I cannot aford a major expense like this. .Lastly when i was 16yo i was to inherit $40-45000.my father in his wisdom gave it to his brother (my uncle). When he passed away i "lost' access to it, my aunt has no knowledge of it, With college 1year away for my kids, i'm hurting..........Help!!!!!!!!!!
1 Answer from Attorneys
What if There is No Will
Without a will, you will not receive an inheritance from your aunt.State law will determine who inherits from her, and the heirs are always blood relatives.
You must be very careful about how you approach this subject with your aunt.If your aunt executes a will in your favor it will be open to attack by her blood relativeswho would have inherited her assets without a will.
The most common grounds for objections are lack of competency,fraud, duress, and undue influence.
This is a very delicate subject, and you should obtain legal advice before proceeding.
If you would like to discuss this matter, call me at (516) 742-2260, or emailme at [email protected]. Albert V. Talamo
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