Legal Question in Wills and Trusts in New York
My dad just passed away. He has 4 childen. He left a will with our cousin who is the executor of the will. Does the will need to go to probate and if so, can the executor take it to the court to get it legalized without paying a lawyer to do it. We live in NY State
Asked on 10/21/11, 1:43 pm
1 Answer from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
The will needs to be probated in order to be able to transfer the assets from the decedent to the heirs.
Normally this is done by a lawyer. It is up to the executor whether or not and who to hire for that purpose as long as the fees paid are reasonable.
The executor is also entitled to take commissions on the property passing through the estate.
Answered on 10/21/11, 1:54 pm
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