Legal Question in Wills and Trusts in New York

If a family member otherwise eligible under intestacy fails to sign a Waiver of Process; Consent to Probate (though was appropriately notified) is there any way to open the default? if so, what process? In our case, some issues with the execution of the will have been discovered since the will was admitted to probate. Many thanks.


Asked on 8/22/09, 1:57 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

If the individual failed to sign the Waiver and Consent, then in order to probate the Will, it is necessary to have a Citations served on that individual. Then within the statutory period that individual, if he has a basis, can contest admission of the Will to Probate. In this case, since the Will has been admitted to Probate, a challenge can be made based on fraud.

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Answered on 8/27/09, 2:24 pm


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