Brooklyn, NY asked in Estate Planning and Legal Malpractice for New York

Q: If a lawyer created a will and I was not completely aware of what I was doing, do I have any recourse?

I was brought to a lawyers office back in April of 2016 by a real estate developer whom I have known for only 3 months; his name is Joe Cohen.

Joe, was very aggressive with my house sale and during the process

Insisted on me making a Last Will and Testament. Joe took me to some lawyer he knew, the day after I was released from NY Presbyterian

Hospital where I had surgery that week.

I was not wanting to go but he insisted and we went to this lawyer, a will was made, signed notarized and most likely filed.

Unbeknownst to me, I was so confused and disoriented for my medication from surgery that I didnt even believe what's going on the days following.

Do I have any recourse ?

1 Lawyer Answer

A: You must immediately (and I mean immediately) revoke your will. This can be done by destroying the original or by preparing a revocation document. If you die now without doing this, your will will be presumed valid, and whatever you signed will be enforced. I am not sure what a will has to do with real estate issues. Did you also sign a power of attorney? If you did this must also be revoked. Otherwise, Joe can sell your house from under you.

Barry E. Janay agrees with this answer

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