Legal Question in Wills and Trusts in New York
Wills
An elderly friend that I have known for more than half of my life past away recently. About 6 months ago when I was visiting her in her home state she told me that she was making some changes in her will. We have always referred to eachother as ''family'' since she has no children and has been divorced for many decades. She gave me some items at that visit because she knew that when she did ''go home'' that they may be gone from her apartment because she had recently had a theft while in the hospital. She also told me that instead of her investment banker and I splitting her monetary assets, that he had agreed that I recieve his half because accepting the money would be some sort of conflict of interest. She also said that my two children ages 8 and 9 would have some money for their college. In the end (the will was dated 6/3/01) the doctor and his wife were left every monetary asset and most of the contents of her apt. and were the exec/extrix. He had recently taken care of her and gave her hope.
Can a doctor caring for an older person inherit all of their assets? Is it a conflict of interest of any sort?
3 Answers from Attorneys
Re: Wills
Because of the relationship between Dr/patient, if you can show that the doctor exerted undue influence or coercian to effect changes to your friend's will, you may be able to contest the will.
Daniel Clement
Re: Wills
What you describe (and all the facts have to be explored) may create a very serious conflict of interest.
Re: Wills
I completely agree with Mr. Clement and Mr. Nadel. If I were in your position, I would retain a qualified Estates attorney, and contest the will. It is unnatural for someone to leave their entire estate to their doctor.
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