Legal Question in Wills and Trusts in New York
Can't find witness
My mother-in-law's will is from August 1981. What steps need to be taken to locate a witness? If we can't find the witness, who can sign the application to dispense with the testimony? This is in Suffolk County.
2 Answers from Attorneys
Re: Can't find witness
There is a law in the SCPA dealing with failure to locate a witness. In particular, under under section 1405, there are circumstances when a Court may dispense with testimony of a witness.
If you want to review this issue feel free to contact my office. I am located in Nassau County and I have had many dealings before the Suffolk County Surrogate's Court.
Mike.
Re: Can't find witness
Michael is correct, and I have been successful using both of the followiung: (1) having a child mentioned in the Will verifying he/she was present at its signing and witnessing, although not a signatory (took parent to the lawyer's office), and (2) having the attorney's widow verify his signature and her familiarity with his office procedures on Will executions. Last resort is possibly what is known as Administration with the Will annexed. Check all of this with the local Surrogate, to see if any can be done.
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