More details to this question:
I have received a copy of my fathers will that will be filed for probate in Hamilton County, NY. In it it states that “Even though I have two sons, I have decided to leave no provisions for them in this will. My decision to leave no provisions to them in this will, does not diminish my love and affection for them”. Second paragraph states “I leave the remainder of my property both real and personal to my brother if he survives me”. His brother passed away a year after the Will was written. No other beneficiaries were named. His brother does have a daughter who has named herself a beneficiary due to the anti lapse law. My father clearly stated in the Will that everything will go to his brother “If he survives me”. With the contrary intent of “If he survives me” clearly stated so that the anti lapse law does not apply. Do I have enough grounds to contest? Also the Will was only initialed by my father. The witnesses did not sign the bottom of the Will. The witnesses did sign the affidavit
2 ANSWERS
1 Award
You definitely can contest. The will does not meet the statutory requirements of execution based on the witness issue. The anti lapse law does not apply. Failed bequests pass by intestacy, which means to you.
Answered on Apr 18th, 2019 at 9:51 AM
2 Awards
While the provision excluding you and your brother is valid, the use of initials and lack of witnesses may make the Will unacceptable for probate in New York, meaning that your father's property would pass by the laws of intestacy. Show the Will to a local probate lawyer.
Answered on Apr 10th, 2019 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.