Legal Question in Wills and Trusts in New York

Because heirs at law (those who would inherit in the absence of a valid will) must receive notice of the probate of the will. This gives them an opportunity to contest the will.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Simply put - assume there was no will. Where does the money go? The money would be distributed by statute. All the first cousins - including cousins on the father's side - would be entitled to the money.

Although you have a will, those individuals that would be entitled to the money if there was no will are entitled to contest the will. That is why you must submit a family tree and give notice to those individuals (the first cousins).

Mike.

First, if you sister is not specifically named as an Executor in the will, then the court may require a bond because she will be acting as an Administrator, c.t.a. rather than an Executor. I assume that the will only states that the named Executors serve without bond.

Second, in every probate proceeding all of the decedent's distributees, relatives who would inherit if the decedent died without a will, need to be given notice of the proceeding, In this case, the distributees are the decedent's maternal and paternal first cousins.