Legal Question in Wills and Trusts in New York
Waiver of Process; Consent to Probate
My mother's cousin died and I am the closest living relative. She lived in NY and I live in NJ. I know that I am in her will. Her lawyer sent me a form to sign. It is for me to waive the issuance and service of citation. What does that mean if I sign it?
Asked on 3/22/08, 1:18 am
2 Answers from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Waiver of Process; Consent to Probate
Basically, it means that you do not have to go to court. However, at a minimum you should see a copy of the will before you sign any form.
Mike.
Answered on 3/22/08, 1:25 pm
Walter LeVine
Walter D. LeVine, Esq.
Re: Waiver of Process; Consent to Probate
It basically means that you are not contesting the Will and allowing it to be probated without a contest. I agree with Mike that you should see a copy of the Will before signing the form.
Answered on 3/22/08, 2:15 pm
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