Legal Question in Wills and Trusts in New York
I received a paper to have signed and notarized for waiver to probate, naming my uncle executor, I received a copy of the will and my father was named beneficiary along with his 5 other siblings, because he is deceased his share goes to me. Do I sign the paper? If I do, will I still be intitled to my share?
2 Answers from Attorneys
Q. Do I sign the paper?
A. Technically, you do not have to sign anything. The waiver is a courtesy to the estate in order to avoid a process server having to personally serve you with citation and a court date. If you desire to contest the will, you should not sign the waiver.
Q. If I do, will I still be intitled to my share?
A. Signing the waiver has nothing to do with your share. What is important is the language in the will. If the will has language whereby if the beneificiary (your father) predeceases the testator (you uncle) and the remainder goes to the beneficiary's heirs per stirpes, then you would inherit under the will. If the language indicates that the money is solely for your father, and if your father dies no one else inherits, then you would not inherit under the will.
Mike.
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