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Thomas McJD
Thomas McJD, Attorney
Category: Legal
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Experience:  Legal Expert
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How significant is it that my deceased mothers will signing

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How significant is it that my deceased mother's will signing in 2005 was witnessed by the drafting attorney and only one other witness? Can the attorney serve as a witness? (NYS)

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

It's not significant to the validity of the will. As long as your mother was competent to make a will at the time and the attorney (and the other witness) is not interested in the estate, then it is a valid will (assuming your mother also signed the will and asked the witnesses to sign the will).

Customer:

Thanks. Another estate question?

TMcJD :

Sure

Customer:

Thank you. My brother is executor of our mother's estate. He contested her 2010 will and we settled. I know executors do not have to be pleasnat or nice (my brother is neither). He is late in submitting his first year report on the status of the estate and his activities. I need an update on the present value of the estate which has not been distributed, in order to decide on whether I will buy my mother's homestead. I am required by the setlement to give my decision by July first. My brother seldom returns my calls. I just learned that he has been markting several acres that are on a separate deed, but essentially a part of the homestead--without informing me of this. I am considering a complaint to the surrogate's court. Is his behavior acceptable for an executor?

TMcJD :

It's not acceptable for an executor to not timely submit crucial estate information -- especially when that information is pertinent to rights of the beneficiaries concerning estate matters (such as purchasing property of the estate).

Customer:

Okay. Thanks for confirming this.

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