Legal Question in Wills and Trusts in New York

Re: Question Regarding Inheritance

PRESUMING THE EXECUTOR ACTS PROPERLY, YOU SHOULD NOT NEED YOUR OWN ATTORNEY, AS THE EXECUTOR HAS FIDUCIARY RESPONSIBILITY TO TAKE ALL ACTIONS TO PROPERLY CARRY OUT THE TERMS OF THE WILL. YOU SHOULD BE NOTIFIED OF THE PROBATE OF THE WILL, AND SHOULD BE GIVEN A COPY, ALTHOUGH YOU MAY HAVE TO REQUEST IT. THESE ARE MANY FORMS YOU MIGHT RECEIVE, AND SOME SHOULD BE REVIEWED BY AN ATTORNEY OR ACCOUNTANT BEFORE YOU SIGN THEM. IF THERE IS ANY UNNECESSARY DELAY OR QUESTIONS YOU HAVE REMAIN UNANSWERED FOR SOME TIME, THEN CONTACT AND RETAIN YOUR OWN ATTORNEY.

Re: Question Regarding Inheritance

You should be receiving a Notice of Probate from the Executor or his attorney. There should also be a Waiver form enclosed.

You may wish to retain a local attorney to review and explain these forms to you but this is not required.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

Re: Question Regarding Inheritance

If the probate proceedings are in New York, you will be notified, and given a chance to object to the probate of the will, before the Will is presented to the Surrogate for probate. If you have any reservations about the propriety of the will, the propriety of its execution or uncertainty about the meaning of the will, of course, you should consult with a lawyer.