Legal Question in Wills and Trusts in New York

My dad deceased, lawyer handling my dad Last

Will and Testament, we were missing 1 of the witnesses who signed dad will, now he was located

So we have both witnesses. What is next !!! I need

the testimentary papers to pay some od dads bill

and open the estate. Can you tell me the procedures? Now since lawyers have the 2 witnesses, and the witnesses have sign an affadavit

Does the lawyer go into cout , so I can get my testamentary papers now. or what's long

The only property is 2 family home, a parcel of land

a car he gave his son.Dad resided in Brooklyn , New York, Thank you Jane. dad pass 5/31/2010

Asked on 12/01/10, 9:49 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Very difficult to understand your question.

However, if two witnesses are located each witness must sign an affidavit concerning the will. The will and affidavit are offered to probate - generally either on notice to interested parties (those that would inherit but for the will) or on waiver of citation.

Once will is probated, Letters Testamentary are given to the executor. With Letters Testamentary you would be able to sell 2 family house.


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Answered on 12/07/10, 5:20 am

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