Legal Question in Wills and Trusts in New York
consent to probate
My father died last month and I rec'vd a consent to probate shortly after. He was 81 yrs old and recently married (2003). I was named the sole beneficiary after my mother's death in 2000. When he remarried he named my stepmother as sole beneficiary and therefore did his will again. I have tried in vain to locate the attorney who drew up the will, but have had no luck. I want to make sure this is a valid copy. Do I have a case to contest his will?
2 Answers from Attorneys
Re: consent to probate
In order to contest the probate of a will you must be able to prove at least one of these grounds:
That the will was not duly executed by your father. Meaning that the will was not properly signed or witnessed according to law.
That at the time the will was executed your father was not of sound mind or memory and was not mentally capable of making a will.
That the will was procured by fraud or undue influence practiced upon your father.
If you believe that you can prove any one of the above grounds, you should seek out the advice of attorney before signing any documents.
Re: consent to probate
My sympathies on the loss of your Father.
If you are only concerned that the copy may not be valid, you can go to the Surrosgate court and look at the file where the original Will is filed.
If you do not sign the doc, the court will notify you of a court date and you can appear at the court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
