Q: a married couple... husband 77 years old, has 2 adults children/ wife 68 years, no childrenmarried 34 years in NY
they have a will that states if one dies, the other spouse received the whole estate, substantial amount of money
if the husband dies first, the wife gets everything...
my question is: can the 2 adult children sue for part or all of the estate, if so, do they have a case?
A:
This is a classic case when will will do. Ore harm than good. This couple needs a trust to avoid exactly this situation.
When the will goes through Probate anyone challenge it especially potential beneficiaries not to mention creditors which can be numerous. And if one was getting Medicaid it will have a right to pull the assets out of the estate. The best case scenario is to speak to a lawyer ahead of time and to set up a trust.
Sincerely
,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
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