Legal Question in Wills and Trusts in New York
Is the Will Legal?
My Mother had her will done with an attorney,subsequently after her death I brought the will to a different lawyer to be probated.
The lawyer who I am planning to have handle the probate has told me that my mothers will is not ''self attesting'' or ''self affirming'' and he needs to get affadavits from the first attorney as to the witnesses before he can go to court.
The will is signed by my mother ,the lawyer who drew it up and another witness{office staff} and notarized.
The estate is about 500k Am I being told a truthfull statement here 2 IRA,s and a house sale lawyer wants $12k to handle any suggestions,Thanks
4 Answers from Attorneys
Re: Is the Will Legal?
The facts need to be developed further here but it is likely that affidavits would be needed. There are other issues under NY law that need to be carefully considered and dealt with concerning the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under NY law. I believe that I can handle the matter for less than what you are currently being quoted. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of NY. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 3-22-2002, 12:30 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
Re: Is the Will Legal?
Under NY law, to admit a Will to probate, the witnesses to the Will must sign affidavits as to their respective opinions as to the Testator's state of mind at the time the Will was executed. That requirement is dispensed with provided that the witnesses sign self-attestation afidavits at the time of execution. If, as it appears here, they did not, the witnesses must be located and affidavits signed and submitted to probate.
Some probate attorneys charge a fee based on a percentage of the estate. 2.5 to 3% is not unusual. My office often bills on an hourly basis and, depending on the complexity of the case, could save alot of money in fees. Please call or email if interested.
Re: Is the Will Legal?
When a will is executed in New York State, most attorneys will have the witnesses sign self-attestation affidavits at that time. (This prevents any problems in case the witnesses cannot be located at the time of probate.) However, as your attorney indicated, he should be able to solve this problem by contacting your
Mother�s attorney.
As for the fee, in my opinion, it seems high so I recommend that you call some other attorneys. (If you don�t know where to start, go to the New York State Bar Association website; there is a Section specifically for Trusts and Estates.)
Re: Is the Will Legal?
A will that does not have an attesting affidavit does require the witnesses be tracked down, but can be probated.
As for the fee, that seems pretty absurd. You should consult some other attorneys.
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.
