Legal Question in Wills and Trusts in New York

Waiver Of Process

My Aunt who I had not seen in sometime .I was inform she passed on and that my cousin who is the excutor of her will attorney called my brother looking for me and my sibiling addresses.When I called this attorney wanting to know why he wanted my address he informed me that he needed to send me a copy of the will.I asked him why was I mentioned in the will with that he said he could not say.I recieved the copy of the will along with a letter from my cousins attorney who by the way is not the same attorney that drew up the will.The letter stated that I was not in the will but in order to probate this Will I needed to have this document(waiver of process consent to probate)notarized and sent back to him.This aunt always lived with my grandparents

and when they died my mother who is also deceased never seen there will.There are many nieces and nephews and only three are even mentioned in the will.What exactly is this paper and why is it required.


Asked on 4/13/02, 2:28 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Waiver Of Process

The Will has to be sent to all known heirs, whether mentioned or not. You are being asked to acknowledge receipt of a copy of the Will. Your receipt also starts the running of the statute of limitations on your right to contest the Will. If you believe you should have been mentioned in the Will (such as you might believe the only people mentioned may have exercised undue influence over your aunt to eclude you or your part of the family) you only have a limited time period to file a caveat (contest) to the Will. If you believe you were not intended to be mentioned in the Will, or if you want to contest it, just send the paper back. If contesting, retain a local attorney to assist you in the contest.

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Answered on 4/14/02, 12:56 pm


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