Legal Question in Wills and Trusts in New York

Going to court

What should I expect going

into court, without a lawyer

concerning my grandfather

estate. My brother and

myself did not sign the waver

consent OK to probate the

Will, because we had some

questions that was not

answered. We are the next of

kin. It is a simple question

''What is the size of the

estate?''. The the Will says

that a total of 15 people get a

thousand dollar a piece and

the reminder goes to

foundations for children with

disabilities. My reason for

asking that question is my

grandffather has a grandson

with a disability. If it is a large

amount some part of that

should go to him, if it is a

small amount then there is

nothing to get. My question to

you is what's going to

happen when I walk in. Will I

be able to say something or

will I have to just the sign

document?


Asked on 12/05/06, 3:05 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Going to court

If I understand your question correctly, you have received a Citation to appear at the Surrogate's court on a specified day. If you read the Citation carefully you will note that you have the burden of showing why the Will should not be admitted to probate. Accordingly, the only issue to be raised at that appearance is a presentation of objections to the probate of the Will. The size of the estate is immaterial for this purpose. Thus, you will be asked if you object to the probate of the Will and, if so, the reasons for the objections.

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Answered on 12/05/06, 4:39 pm


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