Legal Question in Wills and Trusts in New York
will changed with a pen?
I found out that I was listed as a benefiary on a will to recive a house. The problem was my name was crossed out and my cousins name was put into its place. I do not think there is partial will revocation in NY so do I still get the house. the will was written in 1995 and was executed properly. the changes were made after. no witneses or codicil.
2 Answers from Attorneys
Re: will changed with a pen?
There are strict rules for the making and altering of a will. Absent conformity with those rules, the cross out is null and void. It has no legal consequence and the original named beneficiary will inherit.
You get the house.
You are welcome to a consultation for no fee.
You get the house!
Very interesting question and Mr. Nitzberg is correct. But, you really have to check and see there are no witnessed papers supporting the change.
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