Legal Question in Wills and Trusts in New York
probating w will
Uncle died-had never been married no children. I am named executrix has small home and from that sale money is to be payed to named individuals. Do all members of family tree have to be contacted for release of them contesting will
2 Answers from Attorneys
Re: probating w will
All family members who would be entitled to inherit if there had been no Will are entitled to notice and the right to contest the will. The normal practice is to request these individuals to sign a Waiver of Service of Citation and Consent to Probate. The Surrogate clerk can help you.
Re: probating w will
I agree with Norman. The people who are to be given notice are the closest relitives, using a family tree. Parents, if living, then brothers and sisters or nieces and nephews, if any sibling has predeceased him. This must be done, even if named beneficiaries are not family members.
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