Re: left out of parents will
Before the Will can be probated each person who would inherit if there were no will (this includes you and your two sisters) must receive a Notice of Probate. DO NOT SIGN ANY WAIVER. At that time, you may file objections to the Will.
If your mother died in Westchester County, the Will would be filed for probate in Surrogate's Court in White Plains. You should be aware that substantial proof is required to establish undue influence or lack of capacity to make a Will.
Feel free to call me at 914-478-2981 if you have further questions. I don't charge for an initial telephone consultation.
My comments are based on treating your question as an hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.
As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.
