Legal Question in Wills and Trusts in New York

Probate Hearing - Appearance in Person

I am the executor of an estate with legal representation with an upcoming date in court for going into probate. My lawyer has asked for me NOT to attend the initial court appearance. The reason he gave was that if any question to the executor should arise, they would be able to delay the case since I wouldn't be present. The delay would be used to handle any of the oddities of the case that may arise. Does this seem abnormal or is this regular practice? I'd prefer to be there to ensure that everything is properly handled and to prevent any extra legal fees from unnecessary delays. Thoughts?


Asked on 10/18/08, 9:18 pm

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

Re: Probate Hearing - Appearance in Person

I am presuming that all that will happen at this meeting is the presentation of the Will for probate. Since you will be needed to sign forms, unless you already have, your non-appearance will probably require a second meeting to complete the process. I see no reason for you not to be there, and this will only allow the attorney to charge you for a second visit. If there are any complicated questions asked (and there should be none other than the size of the estate so probate fees can be determined), you can always defer to the attorney to answer them.

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Answered on 10/20/08, 1:24 pm


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