Legal Question in Wills and Trusts in New York

I am named as a beneficiary in a will. I received a letter from an attorney's office this week that enclosed a "waiver of process consent to probate" form to be filled out and returned, but there was no copy of the Will. I received a copy of the will a few years ago, but I was told that the family was trying to have the will changed at that time. The letter states who the executor is, and the letter also states that in order to proceed and get the process started with the appointment of the executor that I need to fill this form out and return it. Does this mean that I will be giving up my rights to any entitlement?


Asked on 9/10/14, 10:34 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

No, but you should request a copy of the Will being submitted. The form is necessary to allow the Will to be probated, and just states you are not contesting it. As an aside, anyone can change a Will at any time, as long as they are competent and not subject to any influence to make the change. Thus, what is now being submitted may be different from what you were given a few years ago.

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Answered on 9/10/14, 11:15 am


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