Legal Question in Wills and Trusts in New York

''Waiver of Process; Consent to Probate''

I recieved a ''Waiver of Process; Consent to Probate'' from my Mothers attorney.The will states that everything goes to my mother unless she is dead. Other wise everything would have been split between my sisiter and I. My mother is alive so I do understand everything will go to her. One thing that bothers me is that the Petition states the approximate total value of his estate and these numbers are ludicrous to say the least. They are claiming is less then 50k. I know for a FACT his estate is worth well in excess of 1million dollars. I am not sure if my mother is playing a game or if the lawyer is somehow.

What are my options. Can I request compensation for my signing the form? How much should I ask for if it will save them money because they will not have as long a probate process if I did not sign it? Thanks for the help!


Asked on 10/24/06, 3:57 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: ''Waiver of Process; Consent to Probate''

More additional facts, or further clarification would be needed from you to best answer your question(s) herein. However, you should be duly cautious in conduct that could somehow be considered "extortion", duress and/or undue influence here per se. For a free phone consultation, contact us today.

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Answered on 10/24/06, 4:27 pm


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