Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
Are you wanting to contest the will here or what?Is the sister named as executor of the estate, give me more information about what you want as the outcome here, thanks.
So you still may file a will contest here claiming lack of capacity or undue influence.You may also seek removal of executor based on her actions and inactions here she breached her fiduciary duties.You will need your own lawyer if you want to set aside the will.You may have great facts to do so.
Reference to NY will contests and grounds
NY law for reference
Undue influence and coercion
When another family member or beneficiary intentionally manipulates the testator into leaving their assets to them by controlling and manipulating the testator, and their actions cause harm to others, this is considered undue influence or coercion.
Lack of mental capacity
If someone is not of sound mind at the time they make a will, then they may be found mentally incompetent and the will be considered invalid under New York law. It is not uncommon for older people with Alzheimer or dementia to become victims when others take advantage of their condition and attempt to benefit by getting them to leave all or a substantial portion of their assets to them, thereby depriving other family members or heirs of their rightful inheritances.
Lawyer Referral and Information Service1(###) ###-####br />*****@******.***
You can locate a lawyer here to file your will contest and seek removal of executor.
Thanks again and I wish you the best here.
If you can psoitive rate 5 stars it is always much appreciated.
If you can positive rate 5 stars it is always much appreciated.
Allyson thanks again for the opportunity to help today.