Legal Question in Wills and Trusts in New York

Waiver of Process Consent to Probate

I received a letter asking me to sign the waiver of process consent to probate form. The letter stated that I am identified as a distributee because I am one of the persons to whom my father's assets would be distributed if he did not have a will or it his will was invalid.

However, the letter is in regard to the will of my mother. I received a copy of her will (she had set up a revocable trust). In the will under Article 3 Residuary Estate, it mentions specific gifts. I am listed a recipient of a specific gift which is described.

Is there any reason for me not to sign the waiver form? I am wondering why they mentioned my father's will when it is my mother's will that is being probated. Since I have been left something from her estate is there any reason for me to want to contest the will? I live in AZ and she resided in NY. I sounds like I would have to go there for a hearing if I did request a citation.

Thank you.


Asked on 4/27/09, 6:54 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Waiver of Process Consent to Probate

I suggest that you do not sign any waiver of notice of the proceedings and require that you be informed of everything taking place in the NY probate. You do not have to travel unless you want to do so. You may be able to appear by telephone at the hearings. You may need to retain counsel to represent you there if you need to take action. You could retain counsel here to explain what is going on and advise you how to keep on top of the probate case. I would be willing to counsel you accordingly.

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Answered on 4/28/09, 12:18 pm


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