Legal Question in Wills and Trusts in New York
I am named as executor in a parents will in which they have specifically named and excluded their only other child,their spouse and children (due to that child turning their back on the parent and family and refusing to have anything to do with them for more than 30 years).I am filinf probate myself,Am I reuired to list them as 'distributees " who would have had to be notified if there were no will? But there is a will excluding them by name,And I am the only beneficiary, Do I actually have to send myself a notatification?
2 Answers from Attorneys
Please accept my condolences on the loss of your parent.
Yes, your brother is a distributee regardless of whether he turned his back on your parents and is not listed in the will.
Once again, please accept my condolences on the loss of your parent.
Good luck.
I agree that notice has to be sent to your brother. He might have a defense to being excluded and unless he was notified of the probate this claim could not be considered.
He will probably consent to probate but must be given the opportunity to contest it.
You need not notify yourself.
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