Legal Question in Wills and Trusts in New York
probate will
my father deceased in Otober 2007- his will not including me as he and my mother do not like me. A few days ago I receive papers from my mother's attorney to either agree or a citation will be issued on me. Do I have to do anthing in regard to this. I was not going - don't feel safe in regard to this
2 Answers from Attorneys
Re: probate will
No. You don't have to agree or do anything. The citation will set forth a time, date and place if you want to contest the will. If you don't appear on the return date of the citation, the document (will) will be admitted to probate.
Re: probate will
I agree with Mike. Sending you a Citation is a mere formality to see if a potential heir is going to contest the Will. Unless you intend to contest it, and from your statement you know that you have been disinherited (legitimately or at least for reasons known to you) and do not intend to contest, you can be a "bigger person" and return it indicating you do not object to the probate, or just merely do nothing.