Legal Question in Wills and Trusts in New York

Hi, I am filing for intestate administration in NY without an attorney due to financial constraint. My petition was refused because waiver of citation by a person under (mental) disability was said to be invalid. Can anyone cite the applicable law? -Thank you


Asked on 3/19/17, 6:47 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

If the clerk says your waiver of citation is defective than it's defective. I'm sure the clerk also explained to you how you to correct the problem. For that reason, it doesn't matter what the 'applicable law' is. The clerk says whether or not the papers are in proper form or not and that's just the way it is. Lawyers are in the same boat, it's not just you.

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Answered on 3/20/17, 9:01 am


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