If my father passed several months ago and we have a voice recording of my father stating what he wanted done for his possessions, will this be permissible in court?

We were under the impression that his lawyer had did his Will, however he did not.

Asked on February 12, 2015 under Estate Planning, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your father.

It will be up to the discretion of the judge whether or not your father's voice recording is admissible.

You should argue in court that the voice recording is evidence of your father's testamentary intent which means how he wanted his estate distributed in his Will, which the attorney did not prepare.

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