Legal Question in Wills and Trusts in New York

Re: Waiver and Consent

You received this document because you are a legal heir of a decedent, and possibly a beneficiary named in a Will. You should have also received a copy of the Will that is being summited for Probate. The Waiver & Consent document is required by the Surrogate's Court to commence the Probate proceeding.

By siging the document you are consenting to have the Will admitted to Probate and to have the nominated Executor appointed by the Court. If you sign the Waiver & Consent you GIVE UP your right to contest the Will and the appointment of the Executor.

If you do not sign the Waiver & Consent, the Court will issue a Citation which will be sent to you in the mail because you live outside of New York State. The Citation will schedule a date for you to appear in Court in person or by an attorney to advise the Court that you wish to contest the Will and/or the appointment of the Executor. If you do not appear and an attorney does not appear for you on that date, you will be deemed to have consented to the Will and the appointment of the Executor.

Re: Waiver and Consent

I concur with Brenda's statements. If you did not receive a copy of the Will with the documents, you are allowed to see it before you sign the documents, as once probated it becomes a public document. If you did not get a copy, contact the attorney who wrote to you.