Legal Question in Wills and Trusts in New York

Re: Executive Passed Away

If the handwritten document was dated, and the date was after the "official will", the later document (handwritten one) can be submitted for probate as a "holgraphic" (entirely handwritten) Will. This is important as the probate rules are different from those of conventional Wills. The earlier document (presuming the handwritten one was dated) would require an administration which could be more costly than using the handwritten Will, depending upon what the handwritten document says. In an administration, where the named executor has died before the maker of the Will, and no successors are named, the closest living relative is entitled to the appointment. If you are not the closest living relative, those closer in relationship would have to apply for appointment or renounce in favor of you. There are many more questions to be asked before I can properly advise you. Please contact me directly so we can discuss what exists and what happened and what should happen.

Re: Executive Passed Away

Dear sir or madam:

Do you have a copy of the petition for probate that the attorney submitted? When did he submit the petition?

Contact my office directly at [email protected] for a consultation.

Sincerely,

Anthony S. Park