Smyrna, NY asked in Family Law for New York

Q: Devious daughter coerced dying father, of not sound mind, to leave all property to her. Does a lawyer have to be there?

Daughter recorded father saying yes. Is this legal? I know my husband would have wanted his oldest child, a son, to have something. This knocked wife and son out of everything. My husband was very unresponsive when I got to the hospital. His speech was very rambling. My daughter had a smug look on her face. By the way, my daughter works at the hospital as a social worker and has her notary license. She did this before we got there. We already had a long standing will. Can what she did be contested? By the way my husband is still delicately hanging on. My daughter is already bragging that he left everything to her. She tells people that her phone recording and her list of property and items for her along with his hen scratched signature sealed the deal. We have been married for 50 years.

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1 Lawyer Answer
Howard E. Knispel
PREMIUM
Answered

A: Any bequest must be in a properly executed will. Wills must be prepared carefully and witnesses. The preparer and witnesses can not be named in the will. Talk to a lawyer and show the lawyer the will.

Jack Mevorach agrees with this answer

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