Legal Question in Wills and Trusts in New York
wills, probate, estate
If it can be proven that the signer of a will or issuer of power of attorney was done so while under duress or unsoundness of mind, can this be litigated and overturned in a court of law? If so, is there a statute of limitations on this?
Also, what does one need to do to prove that the receiver of such a will or power of attorney had down so under suspicious circumstances?
1 Answer from Attorneys
Re: wills, probate, estate
You do not say if the person granting the POA or who made the Will is still alive or is deceased, or how long it has been since the documents were signed? If alive, only the POA can be contested now, although the longer you wait the more difficlt it will be. If the person is deceased, there is a Statute of Limitations, ususally requiring that a suit to contest the legitimacy of the Will, and that is about 4 months after probate. More information is needed to give a better response.
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