If my father has asked me to write down a list of things I want from both homes so that he may amend his Will, is there a specific way to write this out?

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If my father has asked me to write down a list of things I want from both homes so that he may amend his Will, is there a specific way to write this out?

My brother and I do not get along and I am afraid if I do not do it in a specific way it will open me up to unforeseen circumstances.

Asked on June 23, 2013 under Estate Planning, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it is called undue influence. You need to have your father hire an independant attorney and gather witnesses who have no stake in your father's estate and won't go rattting to your brother. You prepare the list in front of these witnesses without your father present and then have the attorney provide this list to your father with everyone present. This is really the best way to handle the review and see if a new will is needed or something less of an overhaul.


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