Legal Question in Wills and Trusts in New York

Re: Will for probate

Question 1: Does the fact that she is not a US citizen disqualify her as an Executor(for probate petition)?

A. Yes. Under NY SCPA 707, "Letters may issue to a natural person or to a person authorized by law to be a fiduciary ... except ... (c) a non-domiciliary alien except one who is a foreign guardian as provided in subdivision four of section one thousand seven hundred sixteen of this chapter, or one who shall serve with one or more co-fiduciaries, at least one of whom is resident in this state. Any appointment of a non-domiciliary alien fiduciary or a New York resident fiduciary hereunder shall be made by the court in its discretion."

Since the daughter is over 18 and is neither a citizen nor a resident of NY, she is may not be the executor.

Q2: What is improved vs. unimproved property (9(a) of petition)?

A. Improved property is a house. Unimproved property is vacant land.

Q3: Since she will only be here for a couple of months, should she request for letters testimentary to be issued to her or find a lawyer and have them issued to him, and if so, should the lawyer be the executor and not her?

A. The daughter may not receive letters testamentary (see above). Concerning a lawyer, there are many statutory issues with a lawyer becoming an executor. This is not a question I can answer in this format.

Q4: Does she need to also make an application for preliminary letters test-ry?

A. No. The daughter may not receive letters testamentary (see above).

Q5: Doest she need the Aff of Attestign Witness (russian notary) and if so should she submit an App to dispence with testimony of witness?

A. If you can get those affidavits it will be very helpful. If not, you would have to prove that the will was properly executed under Russian Law.

Mike.