Spring Valley, NY asked in Estate Planning and Elder Law for New York

Q: My Father Made a will amendment on Nov.29th, signed and died hours later. is it still valid ?

My Father had a trust and will made 4 yrs. ago at the age of 89, in 2014. on Nov. 29 of 2017 He made an amendment to the will and trust signed it and died hours later.

is it a valid amendment ?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It may be. Deathbed documents reverse the presumption to put the burden on the proponent to prove due execution and capacity. There is extra scrutiny.

Inna Fershteyn
Inna Fershteyn
Answered
  • Estate Planning Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: It’s not a YES or No answer it depends. Did he have capacity to sign it? Was he in the right mind? Was he influenced? Was it properly witnessed?

Also if his property passes through a trust what’s a purpose of a will?

Before anyone can asnwer your question I think all the documents he executed need to be reviewed and the questions above answered.

You should get a consultation with estate attorney

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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