Legal Question in Wills and Trusts in New York

Waiver of Process Consent to Probate

I received a waiver of process regarding my fathers will. My brother is the executor. Both he and my fathers 3rd wife benefit from the will. My brother is also the trustee on monies left to my children. I prefer my family not be involved at all in this process or any monies left. I am not looking to argue the will, but why am I getting this paper and what happens if i ignore it.


Asked on 11/06/06, 9:03 pm

3 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Waiver of Process Consent to Probate

If you ignore it you will receive a citation from the court with respect to a probate proceeding. If you do not object to the will, and truly want not to be involved, you have nothing to lose by signing the waiver. By doing so you will not be involved in any other proceeding with respect to probate of this will.

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Answered on 11/07/06, 10:33 am
Walter LeVine Walter D. LeVine, Esq.

Re: Waiver of Process Consent to Probate

I agree with the other writers, that you are getting this merely because you are a natural heir, whether mentioned in the Will or not. Rather than wait for the formal Citation, just sign the document, which simply is to acknowledge that you are aware a Will has been submitted for probate and that you will not be contesting it.

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Answered on 11/07/06, 11:22 am
David Slater David P. Slater, Esq.

Re: Waiver of Process Consent to Probate

The court requires jurisdiction over all natural heirs. You can either sign or they will have to serve you with a citation.

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Answered on 11/06/06, 9:28 pm


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