Contested Will

What is the name of your state (only U.S. law)? New York. Will was established in NY. Person contesting will lives in NC. She is the closet surviving blood relative to the deceased. There is a 1988 will that stands as the original will. The deceased on two separate occasions tried to have the will changed in 2004 and apparently never succeeded. The person contesting the will knew that the deceased wanted her added to the will. She is the half brother of the deceased. The lone survivor and I think executor to the will knew that the deceased wanted her added, but did not see to grant his wishes before he passed on. Is there any legal stand that we have. We are talking about a 86 yr old women who has no money.

(1) Is the will being probated now or is probate over? If finished, when (what year) was it over?

(2) Was there an attorney who drafted the will or did the decedent do it himself? Was the attorney informed about the changesin writing that decedent wanted to make? Is the attorney still living?

(3) Is the lone survivor/executor related to the decedent? If so, how is he/she related?
What is this estate worth? Does this lone survivor also have power of attorney?

(4) What is your interest in this matter--are you a beneficiary or also related to the decedent?

(5) Is there any language in the will that mentions a specific reason why the 86 year old woman is disinherited or is there just no mention of her at all?

DANDY DON IN OKLAHOMA ([email protected])

You did not like the response you received at another site?

Your uncle failed to follow through in revising his will. That is not grounds for a will contest. The best bet is that the "lone survivor/executor" is willing to acknowledge your uncle's unfulfilled intentions and voluntarily shares the estate with your mother.