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If A will gives me sole ownership of assets can it be disputed

Staten Island, NY |

My grandmother made a will prior to her expiring leaving a home and assets to me. I have a brother but the will only names me

I was also name/listed in the Will as the executor

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Attorney answers 7

Posted

There are certain people (called distributees) who gave a right to contest a will regardless of whether they are named in the will or not. If you and your brother are distributees then he may gave the right to contest the will.

Posted

He could dispute the Will if he believed your Grandmother was not competent at the time she executed it making you sole beneficiary and executor. elderly people are susceptible to what is known in legal parlance as "undue influence" or "duress." If Grandma was ill and not completely of sound mind (and there is evidence to this effect) then you may have a big problem if he pursues this strategy....especially if there was a prior will that had different terms and included you brother. If you feel bad about things then you could disclaim a portion of the assets to get your brother a piece of the estate....really up to you and depends on a lot of unknown facts form what I can deduce form your question.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

Posted

The most common reasons to contest a will are undue influence and incompetence.
if either of these can be proven-the will can be successfully contested..

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Posted

A will can be contested based upon fraud, coercion, incompetence, among several factors.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

Yes, anyone with standing can contest a testamentary document. The fact that they can contest does not mean they would win. If you parent who was your grandmother's child is living, your brother would not have standing as he would not get anything if your grandmother had died without a will. If your parent is dead, then he would be an intestate heir so he can seek to invalidate the Will for incapacity, fraud or undue influence if any of them apply.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Posted

Yes, a will can always be disputed. Retain counsel.

My answer is for general purposes only and is not not intended to establish an attorney-client relationship, nor is it advice upon which you should act or rely. But, if you really want me to tell you something upon which you can actually rely: don't eat yellow snow.

Posted

Yes the Will can be contested by someone who has standing for the reasons stated by the other counsel: incompetence, undue influence, fraud.

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