A woman resident died on February 15, 2009, leaving a last will and testament dated June 28, 2007. She was survived by 19 statutory heirs, including four siblings and the 15 children of four predeceased siblings.
The last will and testament leaves all of the woman’s property in three equal shares, two of which pass to the woman’s sisters, the elder sister and younger sister. The will directs that the third equal share be paid over to the woman’s niece, who is the nominated executor and the petitioner. It makes no mention of the woman’s third surviving sister who suffers from Alzheimer’s disease. A New York Probate Lawyer said waivers of citation were filed on behalf of 15 heirs, and jurisdiction was obtained over the remaining three interested parties, including the third sister. None of the heirs raised will contests. Preliminary letters were issued to the petitioner on May 19, 2009 and the letters have been extended upon application.
The court appointed guardian on behalf of the third sister is a guardian for incompetent persons. His report reflects that the probate estate was valued at approximately $570,000.00 and that there were non-testamentary assets of $292,000.00, including $200,000.00 held in joint accounts which named the petitioner as the joint tenant. The guardian ad litem also discovered that the petitioner had established the joint accounts using a power of attorney executed by the woman. He further learned that the last will had been prepared on the basis of telephoned instructions from the petitioner to an attorney, and that the will execution had not been supervised by an attorney. Additionally, based upon information uncovered by the guardian ad litem, which included medical records, serious questions were raised concerning the woman’s competency at the time the will was executed.