Contesting a will NY

[brook275]

Jurisdiction

New York

I have a question about a will. A woman(couple but the male died 18 months prior) I took care of for the last 4 years of her life and was friends with for 20 years before that passed away. When she passed they had a will naming me and a few others, all friends as they have no heirs. In NY all relatives to I believe the 5th level must be notified and 2 at the 5th level have decided to contest the well despite never knowing her(or her husband) The lawyer, who knew the couple well wrote their last three wills and is doing the probate. What is the honest chance the 2 distant relatives have in successfully challenging the will?

 

[army judge]

What is the honest chance the 2 distant relatives have in successfully challenging the will?

My guess is as good as your guess.

No human being is clairvoyant.

The parties have right to due process, and they are apparently pursuing that right.

All you can do is await the outcome of the pending litigation.

 

[adjusterjack]

2 at the 5th level have decided to contest the will

What does that mean? Have they filed papers in court? If not, then they aren't contesting anything. If they have, then the lawyer will handle it.

 

[brook275]

What does that mean? Have they filed papers in court? If not, then they aren't contesting anything. If they have, then the lawyer will handle it.

They have said they are going to contest.(notified us today) I realize the lawyer will deal just curious as to how often they actually succeed in a case like this

 

[adjusterjack]

They have said they are going to contest.(notified us today)

Saying it and doing it are two different things. Until you get court papers, don't worry about it.

just curious as to how often they actually succeed in a case like this

Given how far down the food chain they are, success in court is unlikely. The danger, however, is that the estate's assets will have to be used to pay for defense costs and that can run into money and may compel the heirs to settle. The other side of that coin is that the contesters will have to pony up big bucks for a lawyer. You know them better than I do. Do they have the tens of thousands that it takes? Is the estate worth enough for them to take a run at it?

 

[zddoodah]

When she passed they had a will

What does "they had a will" mean? Did you mean to say "she had a will"? Or are you suggesting that this woman and her husband had some sort of joint will?

they have no heirs. In NY all relatives to I believe the 5th level must be notified and 2 at the 5th level have decided to contest the well

I assume you're talking about levels of consanguinity, but I'm not sure what you mean when you say that "they have no heirs." If one or more of them has a surviving relative of the fifth level of consanguinity, then that person is an "heir" as defined by law.

In any event, saying that they're going to contest and actually doing it -- much less having valid grounds -- are very different things?

What is the honest chance the 2 distant relatives have in successfully challenging the will?

Depends on the legal basis(es) for the contest and the relevant facts, and we obviously know none of that.

Given how far down the food chain they are, success in court is unlikely.

The degrees of consanguinity of the contesting heirs is irrelevant. What matters is whether there is any legal or factual basis for the contest.