Legal Question in Wills and Trusts in New York

I was told by an attorney that I must get letters of testamentary to prove I am the executor of mom’s will in order to proceed with a law suit against the assisted living facility where she lived. I have to go through probate to do this.

Her will states that I am the executor.

She passed with no assets or property in her name. Why is probate necessary?

Thank you for your attention.

C.V.

C


Asked on 11/14/24, 3:41 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

You must be appointed Executor by the Court. The attorneys handling the lawsuit should be doing this.

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Answered on 11/15/24, 8:11 am


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