Legal Question in Wills and Trusts in New York

Father's Will

I am the natural daughter of my father and I have a sister also natural daughter. My mother left us and my dad took us to live with a girlfriend of his. She did not want his children. We then went to live with a coworker's family of his me 6 sister 8 with the intent of being there 3 mos until he married. They married when I was 17 I just found out I am 56. We lived with this family the rest of our lives he paid 25 wkly for us in the beginning. Visits became few until they stopped. I was contacted by

my father's wife's daughter he wanted to see us.he was dying of cancer.we went to see him it was hard. he asked for our forgiveness and sobbed he then said he wanted us in his will. My cousin dialed the phone to the atty for my dad to speak with to change the will. The atty never gave him an appt. he was dying in a few wks. I received a copy of his will of 2004. I went to see him in 2007-08 a few times- he died in 2008. I was sent a waiver to sign and waive my right to disagree with the will. My sister and I are mentioned in the 2004 will NOT TO RECEIVE ANYTHING. I do not know what assets he has. What can I do.what happens if I do not sign this waiver. Please respond


Asked on 3/31/09, 2:17 pm

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: Father's Will

You are not required to sign the waiver. If you don't sign the waiver, the executor will be forced to issue a citation and personally serve you and your sister. Once you are served, you must file objections to the Will before the return date on the citation. If you intend to contest the Will, I urge you to consult with an attorney as soon as possible.

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Answered on 3/31/09, 2:39 pm


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