QUESTION

Contest my mother’s will

Asked on Jan 20th, 2018 on Wills and Probate - New York
More details to this question:
Before my grandparents died they left the house to my mom and if my mom dies the house will go to me and my sister. My mom was really sick dying from cancer and my greedy aunt who never spoke to my mom influence her on leaving me out of the will and giving her, her daughter and my sister the house. My Mom was influenced by her and really sick 5 months before dying
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
To challenge the will the burden is on you to show lack of capacity.  You will need health records.  It is a very expensive proceeding.  You also have the burden on undue influence, and this is also hard to show. 
Answered on Jan 27th, 2018 at 3:38 PM

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Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
There are several issues involved here- your grandparents' wills, the nature of their bequest to your mother, your aunt's possible undue influence over your mother, and whose name is on the deed to the house. These questions can only be answered by reviewing the relevant documents- the wills, the deed, and your mother's medical records, to determine if she was unduly.influenced to change her will to exclude you. If she was, depending upon whether the estate is in the middle of probate or letters have already been issued, the appropriate application can be made to Surrogate's Court to enforce your rights, if they've been violated. 
Answered on Jan 21st, 2018 at 9:33 PM

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