Legal Question in Wills and Trusts in New York

Which will is valid?

My brother just had my mom who is 90 write another new will. I had taken her 4 months ago to finally write one that included all 3 children as heirs. Can he now have my mother change her will and remove my other brother and I as heirs? He has power of attorney as well. I hold the health care proxy.


Asked on 8/09/08, 10:36 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Which will is valid?

You say nothing about Mom's physical and mental health, so I am presuming she is competent to make a new Will. A Will can be changed at any time up to death or incompetency. At 90, I would question both her capacity and her motive in making the new one, so close to the time she had made her last one. Was she subject to some presuure (undue influence) by your brother to do this? Has there been any changes in family dynamics or financial status in the interim? Any changes in Mom's health? What is the size of her estate? I see a potential Will contest down the road. Also, I raise questions on why Mom has different people on her POA and Health Care documents. More information is needed for a better response. If you have questions, contact me directly.

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Answered on 8/09/08, 12:47 pm


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