Legal Question in Wills and Trusts in New York
Will
My sisters and I have rec'd a notice to sign a form from my late grandma's will, which we were specifically left out of. We are surviving issues of my mother. the will states that my mother(deceased) and her surviving issues are excluded from sale proceeds of her home for personal reasons known to them. my question is what can happen if we do not sign and return? we do not feel the need to contest because we would probably not gain from that, but we do not wish to sign either for our own personal reasons. we have been threatened to be supeoned by a realative who keeps calling to get us to sign.
3 Answers from Attorneys
Re: Will
It sounds as if you are being mature about a difficult situation. The problem is that you and your sisters are 'natural objects of your grandmother's bounty' (her most logical heirs). Since you are not sharing in the estate, the actual heirs are trying to avoid a later lawsuit fromyou with these documents.
You have no duty to sign anything and the court will not take any action against you. Unless you do want to contest the will, there is very little hapening here. jUST A CONSCIENCIOUS ATTORNEY LOOKING TO PROTECT HIS CLIENTS FROM POSSIBLE FUTURE PROBLEMS. You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Will
The attorney for the proponent of the Will will have each of you served with a Citation and if you do not appear in the Surrogate's Court on the return date, your refusal to participate in the proceedings will not prevent the probate of the Will.
Re: Will
The form you are being asked to sign is probably a waiver of the citation. You will receive a copy and the Will will be probated without your signatures on the waiver.
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