Legal Question in Wills and Trusts in New York

I received a letter from a lawyer stating that a first cousin who I haven't seen in many years, died and left her estate to a friend that I don't know. A copy of the will was enclosed and also a form for me to sign that I consent that the will be executed as written. Do I have to sign this form? I have no problem with anyone leaving their estate to anyone they wish, but will the court make sure that no fraud is involved? Why do they need me to sign off on this?


Asked on 10/19/11, 4:26 pm

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Since you are a possible heir in the absence of a Will, you must receive notice of the probate of the Will. If you don't sign the form, they will have to serve the notice.

The Surrogate will ensure that the Will was properly executed in the presence of at least two witnesses and that your cousin was not under restraint or otherwise incompetent to make a Will.

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Answered on 10/19/11, 4:53 pm
Michael Markowitz Michael A. Markowitz, PC

Q. Do I have to sign this form?

A. Technically, no. The form is probably a waiver of service and consent to probate. This means that you agree that you waive formal service of process and that you consent to the probate of the will.

Q. I have no problem with anyone leaving their estate to anyone they wish, but will the court make sure that no fraud is involved?

A. Yes. The Surrogate's court acts on behalf of the decedent - the decedent's surrogate. The court reviews the will to make sure that it complies with statutory requirements.

Q. Why do they need me to sign off on this?

A. It saves time, money and energy.

Mike.

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Answered on 10/20/11, 5:58 am


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