I’m a Beneficiary in my father’s will, Because I am in public Assistance, The rest of the family want me to sign a waiver to give my part of the money

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I’m a Beneficiary in my father’s will, Because I am in public Assistance, The rest of the family want me to sign a waiver to give my part of the money

to My sister to manage. I do not want to do this. Can I contest the will on the part that 1- I dint want to give up my rights, 2- My father does not write or speak English and I feel that he did not write this in the will plus he was incapacitated for the last 2 years until he pass this year and i think that the will was tamper with?

Asked on July 1, 2009 under Estate Planning, New York

Answers:

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

Answered 11 years ago | Contributor

If the family wants you to sign a waiver, that likely means that your father did not allow for this transfer of money to the others in his will.  He meant for you to have your share.  Unless you are incapacitated in some way and need someone else to manage the money for you, I see no reason to give up your share.  The only problem could be your eligibility for public assistance.  You may need to have some type of a trust set up depending on how much money there is.  It would be wise to speak to an estate attorney in NY about the issue to protect your eligibility if you plan to stay on public assistance.  But don't waive your rights to that money.


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