Legal Question in Wills and Trusts in New York

Re: Wills

No

Re: Wills

AN EXECUTRIX SIGNS NOTHING UNTIL THE MAKER OF THE WILL DIES AND THE WILL IS SUBMITTED FOR PROBATE. BY NAMING YOU AS CO-EXECUTRIX WITH YOUR SISTER, THE LAWYER SEEMS TO HAVE ACTED IMPARTIALLY, ALTHOUGH I DO NOT KNOW THE CONTENTS OF THE WILL. WHEN YOUR FATHER PASSES AND THE WILL IS PROBATED, YOU WILL HAVE EQUAL SAY WITH YOUR SISTER ON HOW THE ESTATE IS HANDLED. IF, AS I DO, THE LAWYER HAD YOUR SISTER AND HER HUSBAND SIT IN ANOTHER ROOM WHILE HE DISCUSSED THE WILL WITH YOUR FATHER, NOTHING UNUSUAL SHOULD HAVE TAKEN PLACE. THIS HAPPENS FREQUENTLY, THAT ONE CHILD ACCOMPANIES THE PARENT TO THE ATTORNEY. DO NOT WORRY UNLESS YOU FIND THAT YOU HAVE BEEN TREATED UNFAIRLY.

Re: Wills

Your being named as co-executor only means that you and your sister will bear the responsibility of distributing the assets of your father's estate and taking care of any outstanding debts.

It sounds to me like your primary concern is whether there was some undue influence involved in the preparation of the will. Instead of waiting until your father passes, why not just ask him to see a copy of his will?

It's better to discover and confront any undue influence, impropriety, or even unfairness now rather than later.

For example, I asked my grandfather to show me his will. He showed it to me and I explained to him that he was giving everything to one of his daughters and leaving nothing for his other two children. He stated he was unaware of that. As it turned out, the daughter standing to benefit had her lawyer-husband draft the will. I told him to find another lawyer and make his wishes known, which he did in a subsequent will. It saved two families a lot of heartache and legal bills.

If you need additional legal assistance, you may contact me via email.

Happy New Year!