Legal Question in Wills and Trusts in New York
will gone bad
i am the executor of my parents estate. recently a guardian was appointed for my brother, not of our chioce, this guardian is court appointed, my older bro and sis are contesting the will, they are saying my dad was not mentally capable of making out a will and that i took advantage of his feeble mind, problem is so does the guardian for my brother who has bi polar/ severe, i need my house to protect my younger brother, can this guardian get his hands on my house left solely 2 me by my dad thru this court filed objection ?
1 Answer from Attorneys
Re: will gone bad
If the will is overturned because your father did not have the mental capacity to sign the will, either a prior will may be enforced or the father will be deemed to have died intestate (without will). If the father dies intestate, and your mother is not alive, the estate would be equally divided among the siblings. It would not solely go to the brother that has a guardian.
I would need more facts to determine if your siblings have a good basis to overturn the will.
Mike.
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