Legal Question in Wills and Trusts in New York

I am sole next of kin to my brother who died 6/12/11. My sons and I do not inherit anything. Why cannot the will go to probate withouit me signing a document so the will can go to probate


Asked on 8/03/11, 11:36 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

As sole next of kin, you need to both be notified that a Will has been submitted for probate and must consent to its being probated if you are not contesting it. This procedure assures that all people who might be allowed to inherit have been notified and also be given the opportunity to timely contest its probate if there are reasons to do so. I am presuming you are not contesting the probate and that you agree to the legitimacy of the disposition provisions therein contained. If I am correct, simply consent by signing the documents. If you want to contest the Will, do not sign the documents and I suggest you hire a local attorney to handle the contest for you. This is a response to an Internet question and the replyis not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 8/03/11, 1:35 pm


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