Legal Question in Wills and Trusts in New York
My lawyer has filed last will and testament paper in court, lawyer hired a processor to serve paper
to my other two sibblings, but was only able to serve 1 sibbling. What if the processor can only serve
one person, and can't serve the other, what happens next. He served already one sibbling, but can"t
serve the other sibbling, what happens next? I'm waiting to become the executrixx of my dad last
will and testament. Will my brother stop me from getting my executor papers ?
Thank you
Barbara THIS ACTION IS IN BROOKLYN, NEW YORK.
2 Answers from Attorneys
Service is not complete. This is indicated on the return date for the Citation. Either the Court will adjourn the probate petition to another date to allow personal service on the beneficiary, or, the Court may order substitute service upon a demonstration that in good faith you have been unable to complete service.
Mike
If one of the individuals is evading service or cannot be served for other reasons, the court may issue an order for substituted service. Before the proceeding may continue, all parties must be served one way or another. Since you are represented by an attorney, I suggest that you discuss your concerns with him or her.
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