For a person to do a will, they have to understand what their assets are, who their family is, and they have to be free of medications that will interfere with their ability to think clearly. The fact that a person was in a nursing home, or was in a hospital, isn’t in and of itself sufficient to say they were incompetent. It depends upon what their condition was.
A spouse cannot be left out of the other spouse’s estate. Here in New York, they are required to receive one third of the value of the other spouse’s assets, whether they’re treasured by will, by trust, by bank account. However they transfer, the spouse is entitled to one third. If they do not receive that one third interest, they do have a right to bring in action to enforce it.
If you have lost a loved one recently, and believe that person prepared a will that was done improperly or the person was incompetent, you’ll probably receive a document called a waiver of citation. Do not sign that.
At that point, you need to contact me, Stephen B. Diamond of Stenger, Diamond & Glass, LLP. We have to discuss what signing that document means. Don’t wait. It’s time to call us, to speak with us, and to make sure that you are protected before you sign anything.