Legal Question in Wills and Trusts in New York

Is this "Will" invalid ?

Suffolk County, Long Island-New York

My Mom's lawyer who prepared her Will forged witnesses signatures on it without her knowledge. Lawyer will not give her original and never filed it! Alledged witnesses said they never signed in front of my mom. Mom is involved in a lawsuit with this lawyer and the lawyer has most recently put my mom's Will into evidence. Judge said it was un ethical and couldn't do that but lawyer said, no it is not and will not take from evidence. The only reason why lawyer is using Will, is to say my signed it, no other purpose to it. What do we do next?, lawyers I've talked to, just don't know.


Asked on 1/09/10, 10:14 am

3 Answers from Attorneys
Ellen Victor Law Office of Ellen A. Victor

Why don't you just have a new will prepared that revokes this one? That would seem to solve the problem.

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Answered on 1/15/10, 12:43 pm
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

That's right. While your mom is living, she may make a new will at anytime and the prior will becomes invalid.

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Answered on 1/15/10, 2:36 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with the others. A Will is revocable and can be corrected, revised or amended at any time before the maker dies or becomes incapacitated. You gave no facts about the nature of the lawsuit, so it may be possible it could be evidence.

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Answered on 1/15/10, 3:19 pm


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