Legal Question in Wills and Trusts in New York

Probate

My mother-in-law has passed away. Her will is extant but the Executor and the second have both passed away. How does the family proceed with processing the will?


Asked on 11/13/07, 5:55 pm

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Probate

The procedure is to have an Administrator CTA appointed by the Surrogate. You can speak to a court clerk to get guidance or hire a competent attorney. In all probability a family member will be eligible to be appointed.

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Answered on 11/14/07, 8:50 am
Anthony Park Anthony S. Park, PLLC

Re: Probate

There are a couple of different ways to have a new Executor appointed, depending on who are the surviving family members. Each solution involves a new court petition to appoint the new Executor. Feel free to contact my office for a brief complimentary consultation on this matter.

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Answered on 11/14/07, 12:35 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Probate

I agree with the other authors, but the simplest seems to be Administration CTA (with the Will annexed). This may be a little more costly than straight probate, as a bond may be required, but the procedure is just as simple.

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Answered on 11/14/07, 1:58 pm


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