Legal Question in Wills and Trusts in New York
Waiver Of Process
I was given a ''Waiver of Process Consent to Probate'' form by a relative who is the executor of my mother's will. I was told to sign it and have it notarized. The form was not filled out with any info except the persons name who was to receive the letters of testamentary(executor). No date of decedent's last will or file number or anything else was on the form. The executor is also handling this matter without an attorney. He gave me a copy of a Will which he claims will be filed with the Waiver form. My question is, how can I be sure this is the Will he will actually submit to the Surrogate Court and that he will not pull some kind of switch and hand in another one or any Codicils that I haven't seen and might want to maintain the right to contest. Also he has given me copies of the ''Petition for Probate Letter of Testamentary Papers'' with everything filled out but the ''Last Will - date and names of witnesses section''. Should I have him file with the Surrogate Court first and once filed go down there myself and check the Will to make sure it's the one I expect and then turn in my paper of Waiver of Process. Is this possible? Timing wise. Thank you.
2 Answers from Attorneys
Re: Waiver Of Process
I agree with Norman. This is the usual procedure to start the probate process. You can contact the Surrogate after the probate is undertaken and, for a small fee, obtain a copy of the document filed. If what has been filed is different from what you were sent, you can bring action against the Executor. Check first and if you have any questions, please contact me directly.
Re: Waiver Of Process
It's your call.
Sign the form and later check the Will actually filed with the Surrogate. If it is not the same as the one he furnished to you an appropriate proceeding can be started in the Surrogate's Court and if you are correct the Executor is in bad trouble.
Do nothing and then in due course you will receive a Citation and on the return date (the date for the court appearance)you can appear and examine the Will which has been presented for probate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
