Legal Question in Wills and Trusts in New York
My mother's estate has been ongoing for 8 years, after passing away intestate, now one of the siblings has suddenly come forward with a will which we believe to be fraudulently created (it leaves the whole estate just to them!). There has been a citation issued from the surrogate's court which says the other heirs have to show cause as to why the will should not be upheld but we do not have legal representation and are resident in a foreign country so unable to attend in person (if that is even allowed). It says in the Citation that "If you fail to appear, it will be deemed that you have no objection to the relief requested". We do object but i need advice on how to make formal objections which will be acceptable (i.e corrrect format), can you simply write into the court with objections? Please advise, we are getting quite desperate with all the stress of it!
many thanks
3 Answers from Attorneys
Under NY law, you can depose the draftsman of the Will (usually an attorney) before filing objections, The costs of the deposition are borne by the estate. If you file objections, you will have to pay those expenses yourself.
You will have to pay an attorney to conduct the deposition.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts. I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change. As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.
You could send in a Notarized statement to the court listing your objections. Refer to the name of the Court, case and the file #. Include your return address for Notice purposes. Serve it on all parties by mail and file your notarized affidavit of service. It is much better to retain an attorney.
In New York, objections should be in proper form and verified. Given your circumstances, I do not recommend that you do this on your own. I strongly urge you to retain New York estate counsel to handle your matter. Will contests are complicated even under the best circumstances.
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