Legal Question in Wills and Trusts in New York
widow's renunciation
How far ahead of the nine month deadline must waivers, death certificate, executor's letter etc. be in the court?
Our attorney said everything was ready as soon as the waivers were received. They were received a week ahead of the deadline but the attorney said they were too late to file in surrogate's court.
Is there anything we can do at this point?
1 Answer from Attorneys
Re: widow's renunciation
Someone is giving you bad information. There is no such thing as a nine-month limitation on the filing of a Will for Probate. It can be done at any time after the death of the Testator, however, if there is an unusual delay, the Surrogate will demand an explanation for the delay. Some states do have a cutoff date, such as two years, but not New York.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
