Legal Question in Wills and Trusts in New York
Will witness extortion
My mother's estate is in probate, and I received a response from one of the witnesses. She wants $100 as a witness fee. Is this allowed? It seems like extortion to me. I have a proof of receipt card and a letter demanding the cash. What gives?
2 Answers from Attorneys
Re: Will witness extortion
That is unacceptable, and you have a few options on how to proceed, including possibly subpoenaing the witness to testify in Court. Email or call my office for a brief consultation on your case.
Re: Will witness extortion
If the estate is in probate, has the Will been probated? If so, was it self-proving or did a witness have to appear to verify the requirements for proper execution? If the former, you did not need a witness present to file the Will for probate. If the latter (not self-proving) a witness may charge a reasonable fee to cover the costs of appearing. More facts are needed or what has happened and what type of Will it was. You may contact me directly with this information and I will try to provide a better reply.
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