Legal Question in Wills and Trusts in New York

Re: probate

As one of your father's children, you have standing to contest the will. You should not sign a consent to probate if you wish to contest the will. If you receive a citation to appear in Surrogate's Court, then you must appear, in person or by attorney, and indicate your intention to object to probate of the will. Whether you have any grounds to do so depends on many factors, such as when the will was executed, your father's health and mental condition at the time he executed the will, whether there was a prior will with different provisions, and whether those who benefit from the will, e.g. your brothers, had any influence over the contents of the will. Please contact my office directly if you would like to discuss your situation further.

Re: probate

You should contact the attorney for the estate and request a copy of the will.

For a will to be valid, the decedent must have testamentary capacity. In other words, he must know what he is doing. If he had brain cancer, if he was delusional, if he was threatened, you father may have lacked the capacity to knowingly and intentionally make the will or transfer the property. If this is proved in court, the will becomes invalid. You would receive a share of the estate under intestacy laws.

Mike.