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.


Asked on 2/23/11, 10:12 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

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

Read more
Answered on 2/23/11, 11:18 am
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

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.

Read more
Answered on 2/23/11, 1:24 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York