Legal Question in Wills and Trusts in New York

Retraction of Statement?

Can a distributee retract his statement of giving up all right for any residual and distributive assets (and future assets - which is why we need to know this) that belong to the estate? If so, can that person serve and the Administrator on the estate as well?

There was no proceeding other than this document being filed in surrogate's court.


Asked on 5/26/09, 10:36 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Retraction of Statement?

I assume that you referred to a Renunciation of benefits. This has the force of a court filed a stipulation and based on court cases, cannot be unilaterally revoked. Either all the parties who would benefit from Renunciation must consent in writing, or if that is not forthcoming, the Surrogate is authorized to revoke the Renunciation if it is demonstrated that it was signed as a result of false assumptions or fraud.

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Answered on 5/26/09, 11:13 am


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