Legal Question in Wills and Trusts in New York

Re: wills and power of attorney

Dear Mr. Weicker:

It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of a legal problem.

However, if there is a valid will, and it names someone as a beneficiary, that person should be entitled to the inheritance provided for her in the will. For a will to be declared valid it must be "probated." That is, it must be submitted to a Surrogate's Court judge to determine its validity.

I would recommend that you consult with an attorney who practices in the area of probate and estate administration. You should bring her/him a copy of the will and be prepared to answer all questions conerning the identity of your grandfather's relatives.

Re: wills and power of attorney

Without seeing the Will my response can only be general. If your mother was entitled to receive her inheritance immediately, suit should be considered. However, it is not unusual to provide for a spouse and defer the inheritance for children until the spouse dies. Did the Will contain a trust for the spouse, with children's inheritance to be deferred until the spouse died? This seems to be the case based upon the facts you provided (that funds are being invested rather than the inheritance paid now). Here there can be a possible conflict, as many state laws limit the investments of trust funds so consideration is required not only of the needs of the life estate, the spouse, but also the remaindermen, your mother. I would need to see a copy of the Will to give you a more specific answer on this. Also, many states allow clauses in the Will to prevent litigation, even allowing a contesting heir to be written out if they sue. Some states have ruled these clauses illegal, but it does not mean that some form of litigation may still be allowed to see compliance with applicable state law is being followed. Without reading the document I cannot provide more information.

Re: wills and power of attorney

Dear sir or madam:

Depending on the details of your situation, you may have several possible courses of action.

Did your stepmother begin the probate process? Who has the original will? Was your stepmother named the executrix?

You may contact me at [email protected] for a free 30 min consulation on this matter.

Very truly yours,

Anthony S. Park

Re: wills and power of attorney

There may be reasons why your mother did not rceive what was due her under her father's will; there might not have been enough money in the estate. However, if that is not the case, then your mother may have a valid cause of action against her step-mother and may need to enforce her rights. Your mother would be well advised to consult with counsel.