QUESTION

My Mother presented to an attorney after being diagnosed with end stage cancer to create a will and passed away before signing it.

Asked on Dec 08th, 2013 on Wills and Probate - New York
More details to this question:
I was named her health care proxy and power of attorney while she was alive.On the day that we went to have the Power of Attorney signed she expressed that she wanted a will and I was to receive everything.The attorney asked her if that was her wishes and she said yes.There was an appointment to return in order to sign the will but My mother became ill and was hospitalized .She was unable to make it back to the attorney's office to sign the prepared will because she passed away.She made no provisions for my sibling and The Attorney gave me a letter stating this fact and I need to know how to enforce her wishes because I would like to exclude My sibling from gaining any portions of her estate as per her wishes.Is an officer of the Courts a " witness" ? Can I ask a judge to make no provisions based on The facts enclosed?
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1 ANSWER

Matrimonial Law Attorney serving New York, NY at Law Office of Gerry Wendrovsky
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I do not believe that you will be able to enforce what she had indicated was her wish. At a minimum, the law of New York requires two 'disinterested' persons as witness to such a declaration. You are an 'interested party', and therefore can not testify to same. You should probably consult with an independent attorney. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com
Answered on Dec 16th, 2013 at 3:13 PM

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