Legal Question in Wills and Trusts in New York

Grandchildren not cooperative in getting will into probate

My father's oldest son died in 1980; my parents' will was made in 1982. My half brother's wife was named in the will and if she died, then that share went to my sister and I. She died several years ago.

My father died August 22, '08. The attorney that we retained is contacting the 7 children of my half brother and wife and 5 of them are dragging their feet about signing off. Why are they even considered, since they were not even mentioned in the will? The lawyer is talking about sending a processor to serve them. This is expense placed on my father's estate, and I have a feeling they will drag this out as long as they can. Again, is including them in this process really necessary? Can I make them pay lawyer and additional expenses incurred due to their deliberate actions?


Asked on 5/26/09, 3:32 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Grandchildren not cooperative in getting will into probate

They would have been entitled to share in the estate if there had been no Will. This gives them a chance to challenge the Will if there is a basis to do so. They may waive service of citation and if they refuse then a citation will be served. Your lawyer seems to be doing the right thing.

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Answered on 5/26/09, 4:11 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Grandchildren not cooperative in getting will into probate

I agree with Norman. Since their mother was mentioned in the Will they are entitled to be notified in case they want to contest the provision that leaves a share to you, if their mother predeceased your father. Legal niceties require that anyone with a possible interest in the estate be notified.

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Answered on 5/26/09, 5:59 pm


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