IS OWNING MY HOME JOINTLY WITH MY WIFE A SUBSTITUTE FOR HAVING A WILL?

No. If you and your spouse bought your home together, she automatically gets ownership of it upon your death. But what if you both die together? The home that you worked so hard for might be sold and the proceeds controlled by a stranger until your children reach the age of eighteen (18), at which…

HOW IS UNDUE INFLUENCE PROVEN BY A NEW YORK WILL OBJECTANT?

At a minimum, the objectant must make a showing of actual acts of undue influence, including time and place of the occurrence. An objectant seeking to prove undue influence must prove three elements: motive, opportunity and actual acts of undue influence. It must be shown that the influence exercised amounted to a moral coercion, which…

HOW IS A LACK OF TESTAMENTARY CAPACTIY PROVEN BY A NEW YORK WILLS OBJECTANT?

The capacity requirement to execute a will is a minimal standard, it is lower than the requirement for other legal documents: less capacity is required to enable one to make a will than to make other contracts. Capacity is evaluated by three factors: whether decedent understood the nature and consequences of executing a will, whether…