Can an essential “stranger” (no family relation) and a lawyer walk into a house 10 days before a person dies and have them sign a valid Will?

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Can an essential “stranger” (no family relation) and a lawyer walk into a house 10 days before a person dies and have them sign a valid Will?

My mom passed away nearly 5 years ago and 10 days before she passed, her boyfriend, and a lawyer had her sign a will , power of attorney etc. The estate is still not settled. I believe that the executor removed money from bank account when he was given power of attorney.There is a car, valued at $6000 at time of death that is now useless. I have received paperwork to sign, however the “bank statements” provided are excel spreadsheets created by the executor. Who is liable for the lost valuation of the car, that could have been sold 5 years ago if estate was managed properly?

Asked on July 25, 2013 under Estate Planning, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The problem here is apparently our mother may not have been of sound mind. Further, her boyfriend showing up and essentially forcing this will coul be considered undue influence. You may wish to talk to an attorney about contesting the essential validity of this will and then further file a motion alleging that the executor wasted estate assets.  You need to talk to an attorney immediately.


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