Legal Question in Wills and Trusts in New York
Wills
if a will was not filed with the surrogates court and a judge declared an article 81, on the person who made the will out 9 months before,can that will stand?i have supporting evidence that the person was compitant during the drafting and signing of the will,and there are witnesses and testimony from the lawyer drafting the will that the person was compitant.
Asked on 4/21/08, 10:36 pm
2 Answers from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Wills
A will that was properly executed is presumed valid (even if person deemed incompetant 9 months later). The person contesting the will has the burden to demonstrate that the person did not have the capacity to sign the will.
Mike
Answered on 4/22/08, 1:27 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
