Legal Question in Wills and Trusts in New York

wills

If a sibling is the executor and knows the intent of a will, but upon reading the will (after the persons death) the wrong middle initial is discovered to be typed in the will leaving two items to one individual and none to another individual (due to the error in the will of the wrong middle initial) how can this be corrected to comply with the intent of the will?


Asked on 5/17/06, 3:37 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: wills

This is more common than you might think. The established procedure is a 'construction proceeding'. If the one who received 2 agrees to the change, then there will be no problem.

On the other hand, if nhe does not agree, then there is a proof problem. Is the lawyer available? The witnesses? Did the deceased state openly his true intention?

You are welcome to a consultation for no fee. Email is best to make an appointment.

Read more
Answered on 5/18/06, 3:50 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: wills

It will be necessary to bring a construction proceding in Surrogate's court. A bigger problem will be who can adequately testify as to the testator's intent.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 5/17/06, 3:58 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York