Legal Question in Wills and Trusts in New York
Beneficiary
Family member recently passed away leaving a Will.Immediate family members who are named in the Will sent back papers signed and notorized but one member won't sign.What happens next?
Asked on 5/15/09, 7:38 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Beneficiary
You have to file the petition with prepared citation. Court completes citation with a return date. You then have to have an individual serve a copy of the citation and petition on the individual that did not want to consent to the will. You then have to appear on the return date. If individual that did not want to consent to the will fails to appear, and service is proper, he or she is deemed in default and petition is submitted for consideration by the Surrogate. If he or she appears, there is usually a conference.
Mike.
Answered on 5/15/09, 8:06 am