I live in NY, my father left me in charge of his entire estate in his will as executor. Now 4 sons are arguing trying to make it so I can’t be.

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I live in NY, my father left me in charge of his entire estate in his will as executor. Now 4 sons are arguing trying to make it so I can’t be.

My dad’s 4 boys who have had little or no contact in my 30 years of my dad being my father, are trying to change my father’s will, since I am only his stepdaughter. I have been his daughter since I was 3. They never came around and lived in NC. Can they have the will overturned because they say they are his blood relatives? Obviously this is to them about money instead of knowing my father. He tried so hard to give them fair shares. Leaving them 4/6 of his belongings (antiques). They want it all now instead. Do they have any standing as blood relatives?

Asked on June 24, 2009 under Estate Planning, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to hire a lawyer and fight them, because, based on what you've said here, it sounds like you have a very strong position.  I'm not a New York lawyer, and the law can vary from one state to another; more facts will come into play than you could put in your question.  One place you can find a qualified attorney in your area is our website, http://attorneypages.com

The fact that the sons are blood relatives and you aren't really doesn't make much difference here.  You aren't someone who only came into your late father's life in the last few years.  The courts usually require some very strong evidence of undue influence or incompetence, before declaring a will invalid, and the mere lack of biological connection between you and your father isn't nearly enough.


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