Legal Question in Wills and Trusts in New York

Re: Why would someone be asked to sign a form not contesting an executor if the

The law requires that all persons who might be heirs to an estate receive a notice of probate in the form of a citation. What your husband is most likely being asked to sign is a waiver of that citation. If he does not sign it the attorney for the executor will have to show that a copy of the citation was served on your husband.

Re: Why would someone be asked to sign a form not contesting an executor if the

I am sorry for your loss.

Regarding your question, the request to sign off is reasonable even if he is not a beneficiary. However, by asking him to sign off, the executor is giving him a right to inspect the will.

I recommend getting a copy of the will and having it reviewed by an attorney. This should not be expensive.

It is not possible to say anything more because the next step depends on whether he is entitled to something under the will; which we cannot know without reading the will.

Please note, if the will gives your husband's father a bequest without retracting the bequest if he dies before the great-uncle, then your husband does inheirt his father's portion.

This question is all about what the will says.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: Why would someone be asked to sign a form not contesting an executor if the

This is a requirement since if the Will were somehow contested and denied, the estate could be considered as passing by intestacy (a person dying without a Will) and then your husband might be a beneficiary (inheriting through his deceased father). Even if going to be contested, an executor has to be initially appointed to defend the Will. This consent is only to the appointment and does not have anything to do with the legitimacy of the Will. Not having seen the Will, I cannot say if your husband has any rights. Some Wills allow the children to inherit if their parent predeceases the Will maker, and some Wills say the only inheritors are those who survive. More information is needed to determine if your husband has any rights in the estate.