Legal Question in Wills and Trusts in New York

Re: estate and probate law

Naming someone is usually all that is required, although State laws may specify what disqualifies someone. This can be easily checked with the Surrogate by telephone call, or at the Surrogate's web site. NY law does require that all interested parties be notifed and consent to probate before probate can commence, so it is important to locate a missing heir. There are procedures to allow a probate where a heir cannot be located, but it does require that a reasonable effort to locate the person be attempted. It might be able to be done by advertisement. This also can be checked with the Surrogate. An attorney may be both Executor and attorney for the esate, unless the Will states otherwise. I have not seen the Will, so my answers are general, but there may be provisions for alternative Executors if someone originally named canot be qualified, like your Mom. The fees to find the missing heir seem a little high, but they may include costs involved? Do some checking and if you need assistance, contact me directly.