step-siblings

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MOBOB

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My step-mother died recently wishing to leave the family home to her 6 sons, 2 biological sons and 4 step-sons. One biological son, a business law teacher and CPA, functioned as both her tax preparer, and Estate Executor. He convinced my step-mother not to record her Will and to leave the only copy of her 1994 Will with him. The five other sons lived out of State, so my step-brother wielded allot of influence. On my mother's death the Executor destroyed her 1994 Will, then filed an earlier 1990 Will with the court. The 1994 Will he destroyed list all six sons by name as equal heirs to the family home. In the revoked 1990 Will filed with the Court, my mother states her wishes that should she predecease my biological father, he should ensure the property goes to all six sons. Unfortunately, my step-mother did not have an alternative bequest indicating what should happen if she died after my father. (My father, who died first wrote a 1993 Will mirror imaging my mother's 1990 Will.) The Executor, filed my step-mother's 1990 Will with the Court to show he was named estate executor, and then asked the Court to use the NYS Laws of Intestacy Succession in lieu of the absence of an 'alternate bequest'. By doing so, my step-brother ensured the proceeds from the sale of the home would only be divided 2 ways. Is his scheme foolproof? Has the Executor successively disinherited his four step-brothers in the eyes of the Law?
 
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