QUESTION

what can I do when I have a witness to coercion to get my 100% disabled father to nod his head to remove me from my inheritance?

Asked on Sep 23rd, 2017 on Wills and Probate - New York
More details to this question:
What can I do when I have a witness to coercion, (my fatherโ€™s caretaker) to get my 100% disabled father to nod his head to remove me from my inheritance, in my fathers will, drawn up by my fatherโ€™s friend, whom is a lawyer, by having another attorney, referred by my fatherโ€™s attorney, draw up a new will that excludes me. My father has a very handsome estate, and I was to benefit very well. My fatherโ€™s wife never wanted me to be in the will to begin with, and she waited until he was totally disabled, and convinced him to change the arrangements he had for me. To do this, she was yelling at him, and him already being sick with Parkinsonโ€™s, drove him to drown himself. Then, hospitalized for about a year. After doctors released him, instead of sticking him into a hospice, she brought him home, and hired a few caretakers, with my fatherโ€™s money, one of which is a family friend, who has witnessed numerous unethical, dishonest acts toward my father. I live out of town, and I, am also disabled
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
When your father passes away, and the will is provided for probate, you will get notice and you can object to it.
Answered on Sep 30th, 2017 at 12:49 PM

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Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
If you feel your father is being abused, call your local adult protective services office, and a social worker will be sent to check on him. Despite the fact that you're disabled, you can still petition the court for legal guardianship of your father, and seek to have him admitted into hospice. In your petition you can also ask for a declaratory judgment that the last will and testament of your father is null and void as the product of coercion and undue influence.  If and when you get an inheritance, it needs to be put into a special needs trust, to preserve your government benefits and still allow you access to your money.  
Answered on Sep 25th, 2017 at 8:36 AM

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