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Is it possible for my husbands siblings to contest a will we have taken care of in 2010?

Henrietta, NY |

My husband has been helping his siblings on a regualr basis over the years and we are reaching an age where it is possible that either one of us will pass away. My husband has not given me any details of how much money has been given to hi siblings but says it is what he inherited from his father with the intention of sharing it with the siblings. I believe he has not separated that inheritance from what he and I have earned over the years and I am wondering if his siblings could come after me and my children if he should pass away before I do? It is a substantial amount of money and even though according to our will it all goes to either him and the children if I pass away before him or vice versa.

Attorney Answers 4


See my other response to your message. it is unclear what happened in 2010, and I really think you need to consult with an attorney rather than release information on a message board. Henrietta isn't that big of a place, and the exposure an avvo post can have can be huge.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

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Duplicate posting. Please see my answer to one of the others.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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At this point, you would be best served by consulting with a local estate planning attorney to review your specific facts and circumstances. Once you have reviewed the situation with an estate planner, you will be able to make an informed decision on how to move forward and properly address your concerns.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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I am assuming your husband signed a Will in 2010 and you are concerned that his siblings could challenge the same based upon his alleged promise of sharing money with them. Based on these facts, your husband's siblings would not be likely to successfully challenge the Will itself because you and your children are the sole heirs of his estate under New York law.

With that said, they could bring a claim against his estate for the money he promised them. They would need to prove that they have a valid claim, which is typically done through a promise which is in writing.

As noted by the other attorneys in this thread, I would strongly urge you to have a New York attorney review your precise circumstances to protect you and your children in this situation. Best of luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.

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