Legal Question in Wills and Trusts in New York

wills

My mother-in-law made a new will in Oct. 08 leaving my daughter and I one of her houses. When she passed in Dec 08, I was told she had a perpetual will that takes over any will changes made. In that respect, her son was left the home. (we are divorced, but get along very well). Her lawyer said my daughter and I don't get the home because the perpetual will made years ago takes place. Is this true? If so, why would the lawyer allow her to change her will. All other changes on the new will were executed. I am confused. Thanks


Asked on 5/10/09, 7:12 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: wills

I have never heard of a perpetual will. A will is a gift contingent on death. Like any gift that is not delivered, that individual has the right to revoke.

Maybe you are confusing the term "perpetual will" with an irrevokable trust.

Mike.

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Answered on 5/10/09, 7:53 pm


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