QUESTION
How do I go about contesting the will of my uncle, who has been deemed incapacitated and is unfit and unable to govern himself.
Asked on Sep 06th, 2017 on Wills and Probate - New York
More details to this question:
He signed papers with a lawyer in NJ, while he was in a nursing home. That lawyer was arrested and his practice closed. He went to jail but got out on bail. His case is still pending. His practice was taken over by another lawyer and my sister has become his guardian. My uncle s now at home under hospice care. He is not expected to live. All of this happened since April of this year. I would like to hear from an honest lawyer who can give me me some advice on contesting his will.
1 ANSWER
1 Award
If your sister is guardian, she can seek an order in the guardianship revoking all wills. This is actually pretty standard. A will cannot be contested until someone is dead, and someone files the will. If you have the original, you can have it revoked by having your uncle destroy it.
Answered on Sep 09th, 2017 at 9:05 AM