• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Must I contest will?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? New York
In 2003 my brother died in Jan, his wife(my sisterinlaw )died in Sept and their adopted son died in Oct. There were two wills, 1st will was processed in South Carolina in 1992 by my sisterinlaw. 2nd will was drawn up by sisterinlaw's adopted niece and her lawyer/real estate broker while she was in the hospital very ill. I have a copy of the first will and I paid $48 to get the 2nd will from the probate court in Queens, NY.

My nephew their adopted son was upset by the second will because itl named my sisterinlaw's adopted niece as the executor but the 1st will name him as executor. He was planning to go to new york (he and I live in Texas) to speak to her but he died.

The 2nd will was finally filed in Queens probate court in Nov. 2004.
I am to get $5,000. Monetary amounts can only be distributed after the 3 family house in brooklyn, ny is sold.

My brother and sisterinlaw also left a house in queens, ny, that is paid for and is valued at approx $105,000. The 3 family house in Brooklyn, Ny is valued at approx $450,000. They also left a 3 bedroom house in South Carolina. The house in South Carolina was to go to my nephew as stated in the will .I don't know the value of it.

His wife called me last week and told me she had taken care of everything (she did not elaborate) and now the house is in her name. I asked one of my nieces if she could do this and she told me that she is standing in for her dead husband and she and her child is entitled to what he was to receive before he died.

My brother and sisterinlaw had two other adopted children. The house in Queens is to go to one of the adopted children and the other adopted child is to receive the remaining money from the insurances.

In the 2nd will there is a statement that says if anyone that is mentioned in the will contest this will they will not receive their inheritance. Also ,it states that it should take no than 24 months to settle this will.

It also states in the will that the 3 family house in Brooklyn, NY is suppose to be sold by a real estate broker company but when I tired to find his real estate office..it is not listed.

I got the name of the law firm that he is with and I called and left several messages but he will not return my calls. He is the adopted niece probate lawyer and his real estate comapny is to sell the 3 family house.

I wrote a certifed letter returned receipt requested to the adopted niece but she did not sign it. I called her and she answered me approx 4 weeks later saying than these things take time and the court will be in touch with me...no court has contacted me yet. In the last week and half, she has left several message on my voicemail stating that I can call her anytime and at any hour.

My nieice that is getting the house in Queens says my sisterinlaw's doctor stated that the only way he will testify as to the health of my sisterinlaw...is if he was supoenaed in court. She told me she would not contest the 2nd will because she didn't mind waiting to official get the house that is coming to her. I don't mind losing $5,000.00 because my brother and sisterinlaw raised me, too. What is your opinion on me contestng this will ? Thanks for your opinion.
Last edited:


Senior Member
go back and re-read your post then you'll figure out that it's VERY difficult to read the way it is. Take the time to put some space between paragraphs and include ONLY the facts.

Dandy Don

Senior Member
Whose will was probated in South Carolina?

Whose will was probated in New York?

Which will were you named the beneficiary of $5,000 in?

You will need the services of a probate attorney in Queens/Queens County to evaluate BOTH wills. New York probate law is a bit complex, but it does seem a bit odd that a second will was probated in New York (this may or may not be a valid will) and it almost looks as if they deliberately ignored the intent of the will in South Carolina, IF they even knew about it, but it is acceptable to have probate done in more than one state if there is property in a different state from where the death occurred.

You will also need to obtain a copy of every document in the South Carolina probate file to present to your New York probate attorney so that he can get a complete understanding of what has happened and can figure out whether he needs to intervene in the current probate in New York on your behalf.

For now you don't need to consider contesting, since there are other options to handle this situation that your attorney can advise you about.

It's understandable that you would ask questions of the other side about this situation, but you need to quit talking to them unless your attorney advises you. The other side is nice to your face but regards you as a potential enemy because you are figuring out their shady doings and they feel no obligation to give you any information at all. If your attorney needs information from them, HE/SHE will be contacting them.

DANDY DON IN OKLAHOMA ([email protected])


"...What is your opinion on me contestng this will ?..."

Where is the undue influence on the person who signed the will?

Who did the undue influencing?

Dandy Don

Senior Member
Possibly could have been undue influence by the sister-in-law's adopted niece--why was SHE getting an attorney to draft a will when it's not her job to do that unless the sister-in-law asked her to. And I'm wondering whether sister-in-law signed it willingly or under duress.


Junior Member
Thanks Mr. Don for answering me.

The answers to your following questions:

Whose will was probated in South Carolina?
I made an error, the will was signed by my sister-in-law in Washington, North Carolina/Beaufort County in August, 1992. I don't know if will was probated in North Carolina. My niece in Queens, NY sent me a copy of this will.

Whose will was probated in New York?
The second will is on file in probate court/Queens, NY. It was filed in November, 2004. It was signed by my sister-in-law in May, 2003.

Which will were you name the beneficiary of $5,000.00 in?
I was named beneificiary of $5,000.00 in both wills.

I will get in contact with the North Carolina probate court to see if any doucments were filed.

I will try to get a probate lawyer in Queens, NY.

Thanks for your help.


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential