Legal Question in Wills and Trusts in New York

will of deceased aunt
At 90, my adoptive father's sister (my aunt) died this past summer. Last week I received a letter from a law firm (NYC) that specializes in elder law stating that I need to sign a ''WAIVER OF PROCESS: CONSENT TO PROBATE'' form that, from what I can gather, essentially suggests that I am signing away my rights to something that in the will already states that I, as a ''Taker of Last Resort,'' already ''shall not take any distribution'' of ''for reasons known'' only to my aunt. The executors of this will are two older cousins (I am 40): both wealthy, one happens to be a lawyer. Due to age and geography, I have never been close to these cousins, yet I feel that I was close to my aunt and that such feeling was reciprocated. My aunt fell ill last Christmas, was placed in assisted living in March 07 (the month of her new will) and we were notified of her death this past June. Not knowing my cousins well enough, I called the funeral home and asked for the executor that was not the lawyer and instead received a call back from the one that is. She told me that she was sorry and that she could see that there was ''contact'' between myself and my aunt. I feel that something odd is afoot here, and do not want to sign until I am 100% sure.

Asked on 8/28/07, 1:01 pm

Donald Scher Donald T. Scher & Associates, P.C.

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Re: will of deceased aunt

Don't sign anything until you have been 100% satisfied and all of your questions answered. First, get a copy of the Will from the executor.

Answered on 8/29/07, 11:20 am

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