Legal Question in Wills and Trusts in New York
What is the difference between a citation and a process server ? My sibblings won"t sign
the citations papers.
Now a process server will serve the papers, will is probate, If sibblings won't sign either paper
What happens now when it's time to get testimentary papers.
Executrixx
Asked on 1/15/11, 12:59 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
A citation is similar to a summons. It is a document that gives notice of a return date in Surrogate's Court
A process server is an individual that serves legal papers.
On (or soon after) the return date in the citation a party objecting to the Will must serve and file objections. Otherwise, that party waives his or her objection to the Will being admitted to probate.
Mike.
Answered on 1/20/11, 1:26 pm
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