Legal Question in Wills and Trusts in New York
Waiver of Process and Consent to Probate
My Mother and I live in CA, although my Mother recently received a Waiver of Process and Consent to Probate (Form # P-3 State of NY) from a law firm in NYC, requesting her to sign/notarize in regards to a deceased family member who lived in NYC. A copy of the will and codicil #1 is attached to the waiver, although my Mother is NOT mentioned in either document. I understand the waiver is being requested by the decease�s attorney to confirm my Mother does not contest the will at this time or at a later date. The cover letter from the attorney states �If you have no objection to the Will and codicil being admitted to probate, the enclosed waiver of process and consent to probate should be signed, notarized and returned to this office.� (i.e. the letter states �should be signed�� not �must be signed��) Please confirm whether signing the waiver is legally mandatory due to the fact my Mother is not mentioned in either the will or codicil and is not a party to either document. If it is legally mandatory in the State of NY and she does not sign the waiver, what are the legal ramifications?
Thank you in advance for your time.
1 Answer from Attorneys
Re: Waiver of Process and Consent to Probate
Your mother by signing the document is admitting that she has no claim to any of the estate. If she does not sign, they will need to serve her with legal process and give her an opportunity to appear in the proceeding to contest the validity of the will the disinherits her.
She doen't have to sign a thing.
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