Legal Question in Wills and Trusts in New York

Legal Rights

I am the eldest of three sons surviving the death of my mother. According to my mother's will, her estate appears to have been left entirely to the grandchildren, with my younger brother as executor. I have not been given an account of her estate. Do I have the right to request an account. Who should I request this from? The lawyer has requested that I sign a Waiver of Citation. By signing the waiver, what am I agreeing to? What are my rights regarding contesting the will, and what are my chances of success in this regard? Because I live in Canada, what procedure would I need to take in order to contest the will?


Asked on 1/05/02, 9:39 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Legal Rights

The waiver you were asked to sign is a consent to the probate of the Will. This means that you will not contest the Will. Since you were not named in the Will, you may choose to challenge the validity of the document; improperly executed, your mother did not have capacity, undue influence, etc. By signing the waiver you relinquish those claims.

If the Will is admitted to probate you will have no further interest in the estate. Much of the information you seek is a public record in the Surrogate's Court.

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Answered on 1/05/02, 11:12 am


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