Legal Question in Wills and Trusts in New York

my mothers estate

My mother passed away and i do not think there is a will?? my stepdad has papaers that he says i need to sign?? The papers are ''waiver of process;consent to probate and says that i waive the issuance and service of citation in the matter and renounces all rights to letters testamentary of the esates of my mother and consents that all letters of testamentary are issued to my stepdad and that bond be dispensed with??

what does all this mean, how do i find out if i am a beneficary?? i thought my name was on the life insurance?? how do i find out.

I fell like my stepdad is taking advantaged of the situation should i get a lawyer PLEASE HELP!!

Asked on 5/19/09, 5:03 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: my mothers estate

Letters Testamentary means that there was will, or at least an executor is presenting documents which are porported to be a will. Life insurance proceeds are dealt with differently. They don't pass through probate. But it sounds like if you have questions, you should consider at least speaking with an attorney. As a child of the descedent, you have the right to question the proceeding. If you waive process and give consent you will not be able to question the validity of the will or what is distributed later on.

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Answered on 5/19/09, 5:11 pm
Michael Markowitz Michael A. Markowitz, PC

Re: my mothers estate

I agree with Stephen.

You should also contact the attorney that sent you the papers and request a copy of the will.


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Answered on 5/19/09, 5:56 pm

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