Legal Question in Wills and Trusts in New York

Real Estate -- Power of Executor of Estate Of Deceased Person

I am one of 3 children in New York whose mother passed away in January (my father died 7 years ago). Her will clearly states almost every item (including her condo) will be split Per Stirpes.

My brother has been named executor of the estate and has asked me to sign a ''Waiver of Process -- Consent to Probate'' form.

I have no problem whatsoever with giving him sole authority to make decisions regarding the sale of the house or any other items.

My question is this: Does signing this waiver form give him the right to withhold money from my share the sale of the house? Or is he obligated to distribute my 1/3 share as specified in the will?

He did front the cost of the funeral expenses and I expect him to try to deduct money from the sale of the house. I want him to need my written or verbal consent to be

able to do that.

Thanks,


Asked on 2/25/09, 7:00 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Real Estate -- Power of Executor of Estate Of Deceased Person

The Consent to Probate is designed to speed the probate of the will in the least costly fashion. It avoids the service of process of a citation, etc. The executor of the will is required to follow the directions in that document and all sales of assets must be at fair market value and subject to review and scrutiny by the beneficiaries in an accounting.

Read more
Answered on 2/25/09, 8:57 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York