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

Q: Can a attorney refuse to change a will.

My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: It is unclear whose will needs to be revised. If it is the will of a deceased person, it cannot be revised. If it is the will of a living person, the only person who can revise it is the living person, who can only revise it (with the assistance of an attorney recommended) if he or she still has the requisite mental capacity. If an attorney is refusing to assist, it is very likely because the testator or testatrix lacks capacity.

Benjamin Z. Katz agrees with this answer

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