Legal Question in Wills and Trusts in New York

Waiver of process/consent to probate

Hello,

My father recently passed away. He has a will which has his wife as the executor. Upon her death there are listed beneficiaries. I am not one of them..My question is this.....why do I need to sign the Waiver of process/Consent to probate when I am not where on the will? If I choose not to sign, then will there be action taken against me by the courts?

Thanks,

Patricia


Asked on 4/24/06, 7:37 pm

1 Answer from Attorneys
Peter Moulinos Moulinos & Associates LLC

Re: Waiver of process/consent to probate

You are being asked to sign the consent to probate because as a distributee, you have a right to contest the will. While I cannot tell you if there is a basis to do so, your refusal to sign does not mean that any action will be taken against you.

Feel free to contact me if you would like to discuss this further.

Kind regards,

Peter Moulinos

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Answered on 4/24/06, 9:34 pm


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