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). Please advise, we are getting quite desperate with all the stress of it!
many thanks
1 Answer from Attorneys
You should hire an attorney to appear and depose the will draftsmen and the witnesses before filing objections. You have that right by statute in NY. The estate will be liable for costs of transcripts, etc.
Once you file your written objections to probate, you bear the full cost of depositions you wish to take.
Time is of the essence
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