QUESTION
Your thoughts on outcome of will protest?
Asked on Aug 04th, 2021 on Wills and Probate - New York
More details to this question:
My grandmother recently passed at age 97. We were always told by my grandmother that my deceased mothers 1/3 of inheritance would go to myself and my and my 2 siblings. We received a copy of the will along with paper to sign and it says my 2 unclea get everything. Here are the issues I found- The will states it it 3 pages plus signing page, yet it is only 2 plus signage page. Will states that pages are initialed by my grandmother, yet none are. 2 witness statements say it was signed before them in West Islip, NY 12/17/17. ( One witness notarized for the other, yet a 3rd person notarized for that witness, seems strange), Yet the signature page says it was signed before the attorney in Huntington, NY on 12/17/17. If it was signed in West Islip, it was at a rehab center where my grandfather was in his final days and I feel my 93 year old grandmother would have been in a poor state of mind and unaware of what she was signing. Estate is grossly undervalued in included paperwork.
1 ANSWER
Estate Administration Attorney serving New York, NY
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Damien Bosco, P.C.
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Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. You are indicating that you believe that the will was improperly executed and/or that the testator could have lacked the capacity to execute (sign) the will. Generally, any person whose interest in properly or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will. Some reasons to object to the probate of the will would be improper execution, forgery, lack of testamentary capacity and/or duress or undue influence. If you need any assistance, a New York Trusts & Estates Attorney could help you.
Answered on Aug 11th, 2021 at 5:24 AM