The Bronx, NY asked in Probate, Estate Planning and Civil Litigation for New York

Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

2 Lawyer Answers
Benjamin Z. Katz
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Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate legal standing.

Tim Akpinar agrees with this answer

Bonnie Lawston
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Bonnie Lawston
Answered
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements. Generally, most people will hire an attorney since they are not familiar with the Court process and requirements. Seeking counsel right away is the best thing anyone can do to protect their interests and estate inheritance.

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