Legal Question in Wills and Trusts in New York
waiver of process;consent to probate
what does this mean
Asked on 2/03/07, 6:36 pm
1 Answer from Attorneys
Michael Moberg
Moberg & Associates
Re: waiver of process;consent to probate
If you received a Waiver of Process then you are an heir that would have inherited from the decedent had he/she died intestate (without a Will) pursuant to NYS law. You may also be a beneficiary of the Will.
You have the right to contest the appointment of the nominated Executor of the Will or the terms of the Will (if you have good cause to believe that the Will being submitted to Probate is not the last Will executed or was executed under duress, etc.).
You should consult with an attorney to review the Will before signing a waiver.
You may contact me at anytime for a complimentary consultation.
Answered on 2/05/07, 10:37 am