Legal Question in Wills and Trusts in New York

Re: Witnesses

I cannot tell, from the absence of more specific facts, what might happen. If the Will was not properly executed and witnessed, in conformity with NY law, the estate can continue, but as an administration (as if the person died without a Will). Other people may be entitled to be appointed to handle the estate and the beneficiaries may be different from what the Will states, so I would be careful in how I approached this, if your interest might be lost. If the person has committed fraud, my suggestions might be to allow the Will to stand (if you would lose out), but try to have the person kicked out. As I said, more facts are required to provide a better answer.

Re: Witnesses

The fact that one of the witnesses committed fraud may be evidentiary with respect to the validity of the will, but would not by itself negate the effectiveness of the will.

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Re: Witnesses

You are on the right track here. This would not be a slam-dunk to avoid the will, but it is a sound start.

I would not go before a judge with just this evidence. At least one more of something to indicate that there is a problem would be helpful.

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