Legal Question in Wills and Trusts in New York
My husband passed away 12 years ago. His Mom recently passed. My 2 children, that we had together, recently received a Waiver of Process:Consent to Probate, from their uncle, the executor of the estate. They also received a copy of the will, which named my husband as a beneficiary. The will did not clearly state that his surviving children would receive his fair share. Would they be eligible for their father's inheritance and if so would they be waiving their rights by signing this consent form?
Thank you for your help.
2 Answers from Attorneys
The terms of the Will govern whether or not the children will receive the father's share. Legal advice should be sought in order to construe the Will. The Waiver should not be signed if the children have a basis to challenge the validity of the Will say for improper execution, incapacity to sign, undue pressure, etc. Otherwise no rights are waived if the Waiver is signed.
Before your children sign the waiver, have them make an appoinment with an attorney. The attorney should review the will and explain your children's rights. If all is well, then they may sign the waivers.
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