Legal Question in Wills and Trusts in New York

Re: NY Surrogate Court Procedure Act

You have 2 choices: (1) Get to the Surrogate's office ASAP to see a copy of the Will and what it says. If the Will was executed by coercion, which will be difficult to prove, it can be set aside, but this will require litigation. (2) Contest the Will and seek administration, which is the probate procedure where someone dies without a Will. As the closest living relatives, you are entitled to be appointed. I should advise you that Will contests can be very expensive and time consuming, and if the size of the estate does not justify the cost it may not be worthwhile. Without knowing what the proffered Will states as to your interest in the estate, I cannot give you more than skimpy information. I suggest you get a copy of the Will and then consult either the pro bono office or an attorney experienced in Will matters, including Will contests. If I could see a copy of the Will, I might be better able to give you advice. Again, since there are time limitations on bringing a Will contest, you must act promptly.

Re: NY Surrogate Court Procedure Act

File an objection. Ask the Clerk for help. Maybe you ought to hire a lawyer; this is complex.

Re: NY Surrogate Court Procedure Act

The clerk of the cvourt can be a great source of information, as can the 'pro bono' office. each county in NY has a 'pro bono' office.

In NY and Bronx Counties, the pro bono office is in the same building as the Surrogates Court, but in Queens and Brooklyn its in a different building.

MY fee to draft the documents would be $300.00