Legal Question in Wills and Trusts in New York
Contesting a Will
What is the amount of time that you have to
respond to contest to a will. I recieved a letter
written out to me stating that I have to sign
documents at the surrogates court. My
grandmother just recently passed away and I was
notified by my cousin's attorney to sign a
document so I cannot contest the will. The real
and personal property of my grandmothers was
all left to my cousin. My grandmother's daughter
which would be my mother passed away 14 years
ago. Me and my brother were left nothing but we
want to go ahead and contest the will of my
grandmother or maybe just get the personal
property that was my mothers from my cousin.
How would I go about doing this? What will
happen if I don't sign the waiver. How long do I
have to contest the will after I recieved a notice
from my cousins lawyer. When does my
grandmother's estate get distributed to my
cousin?
1 Answer from Attorneys
Re: Contesting a Will
The Waiver and Consent form that you were asked to sign will, among other things, signify that you have no objection to the Will being admitted to Probate.
There is no time limit at this point.
If you do not sign the Waiver and Consent form, you will eventually receive a Citation (fancy word for Summons) and then you are on a timetable. The Citation will tell you when your right to contest the Will will expire.
Upon receipt of the Citation you must make a choice; accept the Will or fight.
Keep in mind that you must have a basis to contest a Will. Dissatisfaction with its provisions is not enough. Furthermore, it can get expensive.
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.
