Legal Question in Wills and Trusts in New York

Waiver & Consent to Probate-NY state
My husband received a waiver and consent to probate form regarding his father's estate. The validity of the will is in question as the will was not signed in the presence of the notary, although it was notarized. My father in law was legally blind and hospitalized for open heart surgery at the time the will was executed. Real estate remains but the cash bequests cannot be satisfied due to insufficient assets. Does signing this consent prohibit him from contesting the will? There are 12 heirs named-will one dissent prohibit the estate to go directly to probate?

Asked on 3/05/08, 4:15 pm

Michael Markowitz Michael A. Markowitz, PC

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Re: Waiver & Consent to Probate-NY state

Q. Does signing this consent prohibit him from contesting the will?

A. Yes.

Q. There are 12 heirs named-will one dissent prohibit the estate to go directly to probate?

A. No. It just means that the person will have the right to file papers and ultimately have a hearing about the validity of the will.

Answered on 3/06/08, 9:27 am

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