CAN A VERBAL AGREEMENT ABOUT HOW A WILL IS DIVIDED A WILL BE LEGALLY BINDING IN NYS?: I VERBALLY CHANGED A WILL TO DISPERSE OF FUNDS DIFFERENTLY THAN IT IS WRITTEN IN THE WILL. iS THAT LEGALLY BINDING? tHE WILL IS WRITTEN THAT I GET 2THIRDS AND MY HALF BROTHER 1 THIRD. I PAROMISED HIM HALF, BUT I WANT TO CHANGE THAT TO THE WAY THE WILL IS WRITTEN
Barton’s answer: All changes to a Will must be in a new "will" or a "codicil" that is signed and witnessed according to law. Verbal changes are invalid. You should see an attorney to make a new will or codicil.
Can the executor of the will give away all the personal items and then sell the house to himself for less than market value?: My brother was named executor of our mother’s estate. After the funeral and administration expenses were paid the estate is to be split equally between myself and my two brothers. Unfortunately the executor is given the right to sell, mortgage, lease and dispose of and distribute in kind all property real and personal as he deems advisable. Can he effectively make sure I have no momento of my mother and sell the house to himself for a token amount
Barton’s answer: The Executor is under a legal duty to be fair. He can sell the house to himself but it must be for a fair market value based on an appraisal. As to personal items, you are entitled to some. If the Executor does not respect your wishes, then you can go to the Surrogate's Court and sue him to make sure that he does what is right.
Do we have a case?: My building water supply is contaminated with legionnaires Bacteria. My 5 year old has chronic lung disease. If she is diagnosed do we have a case? I live in public housing.
Barton’s answer:
Yes, BUT you need to file a Notice of Claim!!
See an attorney.