Legal Question in Wills and Trusts in New York

Re: Waiver of Process - Consent to Probate

As usual Walter is correct. However, I will try to answer each specific question:

Q. why would i receive this form? why would the attorney send me this form to fill out when I am not named?

A. If the will was not valid the Great Aunt would be deemed to have died intestate (without a will). If she died without a will, under the Intestacy laws you would be a beneficiary of her estate.

Q. do we need to fill them out?

A. If you believe the will to not be valid that the answer is certainly no. However, if you have no reason to believe the will in error you may (but under no legal duty to "must") sign and return the form.

Q. were they sent out in error?

A. No. If you sign and return the legal forms you will have consented to the will. If you do not sign the legal forms the estate would have to serve legal process (a citation) on you to appear in Surrogate's Court to contest the will. If you do not appear in Surrogate's Court, and upon proof of service of the citation on you, the Court will deem that you do not contest the validity of the will.

Q. what is a letter of testamentary?

A. A letter testamentary is an official document that names the individual(s) listed on the letter the executors for the estate of your Great Aunt.

Mike.

Re: Waiver of Process - Consent to Probate

Usually anyone possibly entitled to inherit, but even when they probably will not, receives these forms, just to advise them of a possible inheritence, which can be a possibility if the Will were contested and disallowed probate. In your case, if you have no claims and do not wish to contest the probate of the Will, just sign and return it so the administration can go forward.