Legal Question in Wills and Trusts in New York
I married a divorced man with 6 grown children. We were married for 16 years when he passed 4 years ago. He had a will leaving me the home and contents. The probate letters were sent to the children ages 41-50....
The 3 boys responsed no problem but the 3 girls did not... There was a short time limit to sign and proceed with distribution of the will. The lawyer is doing nothing and not telling me what should be done now!!! What action happens now?
3 Answers from Attorneys
Now you should be filing for a Citation to probate the will. The Citation will be returnable on a date certain. You would then have to serve each of the girls with a copy of the Citation, the petition, together with a copy of the will.
If on the return date of the Citation the girls do not show, you would receive Letters Testamentary at which time you may proceed with collection and distribution under the will.
If on or before the return date of the Citation the girls file objections, your attorney should be requesting a pre-trial conference to define the issues in the objection.
Mike.
I agree with Mike. The girls must be served and then "show cause" why the Will shadmitted to probate. I appears you may need a new attorney familiar with the law and the proper procedures.
I agree with Mike. You may need to replace your current attorney with one more familiar with the law and proper procedure.
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