Legal Question in Wills and Trusts in New York
Will - Conflict of interest, coersion, fraud
A will (which was printed off the internet) was done (filled in the blanks by hand) for my aunt (Terri) in 2000 - no lawyer involved. The will was drawn up by her sister (Ann) who is also the sole beneficiary of my aunt's estate. The notary public was Ann's husband.
Letter's were sent to all of the descendants of Terri to sign stating that Ann was executrix of the estate and the sole beneficiary of the estate. Of 15 signatures needed 11 were obtained and 4 were not.
Q1. Can Ann become the executrix if 4 refuse to sign the letter?
My family believes my Aunt Terri was coerced into signing that will and that the notary being Ann's husband poses a direct conflict of interest. Additionally, the witness who signed the will was convicted of a felony fraud in 2003.
Q2. Can the will be contested on those grounds (conflict of interest, coersion, fraud)?
Q3. Who in is eligible to contest the will?
2 Answers from Attorneys
Re: Will - Conflict of interest, coersion, fraud
The will can be contested and will likely be overturned. Any party who has an interest, such as a child who would inherit if there was no will, has standing to contest the will. I recommend you consult with an attorney immediately in order to preservethe estate (keep it from being squandered) and enjoin the probate.
Re: Will - Conflict of interest, coersion, fraud
I assume that the 15 individuals you described are individuals who would be entitled by the intestate laws of to receive property from the estate. The four individuals who refused to sign the Waiver and Consent are to be served with a Citation, that is, the equivalent of a Summons directing the individuals to appear in the Surrogate's Court at a specified date. At that time, any one or all of them may signify an objection to the Will. A husband acting as a Notary Public is acceptable, however, he thereby becomes ineligible to receive anything provided by the Will. Even though one witness is a felon, he is nevertheless qualified to serve as a witness.
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