Legal Question in Wills and Trusts in New York

Russian Will

A deceased left a valid will from Russian Federation cerified by magistrate and translation cerified as well. All her assets are in NY (house, bank account). She wrote the will in 2008 while visiting Russia and the will states ''all my property, which on the day of my death will belong to me of whatever nature and wherever it may be, bequeath to: (daughter's legal name).

The decedent was domiciled in NY and passed away recently in NY. The daughter is visiting from Russia and has to now submit the foreign will for probate to have the bank account and house transfered to her name.

Question 1: Is she automatically considered an Executor, and if so does the fact that she is not a US citizen disqualify her (for probate petition)?

Q2: What is improved vs. unimproved property (9(a) of petition)?

Q3: Since she will only be here for a couple of months, should she request for letters testimentary to be issued to her or find a lawyer and have them issued to him, and if so, should the lawyer be the executor and not her?

Q4: Does she need to also make an application for preliminary letters test-ry?

Q5: Doest she need the Aff of Attestign Witness (russian notary) and if so should she submit an App to dispence with testimony of witness?


Asked on 3/22/09, 10:48 pm

2 Answers from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: Russian Will

These questions are too specific to be answered here. They are the answers that a hired lawyer would provide.

However, if the daughter is not a US citizen or permanent resident she will need a co-executor residing in the US.

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Answered on 3/23/09, 10:34 am
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: Russian Will

The daughter is the executor only when the Will is admitted to probate and she is appointed as such. The remainder of your questions are beyond the scope of this forum. I suggest that the daughter retain an attorney to handle the probate matter. It appears that her case involves some complex legal issues.

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Answered on 3/22/09, 11:09 pm


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