New York | Wills and Trusts
Legal Question
Russian Will
A deceased left a valid will from Russian Federation cerified by magistrate and translation cerified as well. All her assets are in NY (house, bank account). She wrote the will in 2008 while visiting Russia and the will states ''all my property, which on the day of my death will belong to me of whatever nature and wherever it may be, bequeath to: (daughter's legal name).
The decedent was domiciled in NY and passed away recently in NY. The daughter is visiting from Russia and has to now submit the foreign will for probate to have the bank account and house transfered to her name.
Question 1: Is she automatically considered an Executor, and if so does the fact that she is not a US citizen disqualify her (for probate petition)?
Q2: What is improved vs. unimproved property (9(a) of petition)?
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?
Q4: Does she need to also make an application for preliminary letters test-ry?
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?
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