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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41622
Experience:  Texas lawyer for 30 years in Estate law
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Estate Law: My sister signed papers at the cemetery and did

Customer Question

Estate Law: My sister signed papers at the cemetery and did not inform the family that she had and there the funeral director interned my father. I wanted an autopsy done and she took it upon herself to sign papers and to represent herself. She did not have a good relationship with my father and no one in the family knew what she did. he has 5 daughters including myself. I lived a few blocks from him. What can I do as he has been interned for over a year Sept of 2015?
Submitted: 7 months ago.
Category: Estate Law
Expert:  RayAnswers replied 7 months ago.

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.

Expert:  RayAnswers replied 7 months ago.

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.

Customer: replied 7 months ago.
My father left a will to his caretaker who we believed killed him and had her daughters boyfriend embalm him. she told my sister that she had to have her sign and she did. my sister did not have a good relationship with him and should not have signed anything.
Customer: replied 7 months ago.
The sister is not the executor
Expert:  RayAnswers replied 7 months ago.

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.

Expert:  RayAnswers replied 7 months ago.

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.

Expert:  RayAnswers replied 7 months ago.

Lawyer Referral and Information Service
1(###) ###-####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.

Expert:  RayAnswers replied 7 months ago.

Thanks again and I wish you the best here.

If you can positive rate 5 stars it is always much appreciated.

Expert:  RayAnswers replied 7 months ago.

Allyson thanks again for the opportunity to help today.

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