Legal Question in Wills and Trusts in New York

bring will in for probate

My father died last year. I have an old will naming me and my brother beneficiaries. He worked in Queens as a physician for 35 years, then in Mt. Vernon until he died. He maintained an apartment in Ft. Lee NJ. He died in Calvary Hosital in Bronx, NY.

Can I bring my will into NY probate court?


Asked on 6/21/09, 12:34 pm

1 Answer from Attorneys
Laura Foord Laura Akscin Foord LLC

Re: bring will in for probate

If your father was a resident of Fort Lee New Jersey at the time of his death, his Will should be probated in New Jersey. It does not matter that the Will was executed in New York; as long as it was properly prepared and executed, it will be honored in New Jersey.

Residency is determined by such factors as: address used by your father when he filed tax returns, addressed declared as his residence on his drivers' license, passport, and other important identifying documents, and the place where he voted.

Many would agree that the probate process in the State of New Jersey is more simplified than the New York probate process.

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Answered on 6/21/09, 12:56 pm


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