Legal Question in Wills and Trusts in New York

Can a lawyer probate a will without getting the next of kin to relinquish her rights.(the next of kin was not named in the will) .

Asked on 5/18/12, 11:15 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

In order for the will to be probated, the next of kin must receive a notice of probate and a copy of the will. The next of kin has the option to waive all objections to the probate of the will or do nothing. If the next of kin does nothing then the proponent of the will will obtain a citation to be served on the next of kin and then the burden is on the next of kin to object to the probate of the will or accept the probate of the will.

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Answered on 5/19/12, 5:47 am

Walter LeVine Walter D. LeVine, Esq.

I agree with Norman. You have not provided sufficient facts for a more detailed response, such as the nature of the relationship beween the decedent and the next of kin. The Next of kin may be someone who can be excluded from an inheritance, although someone who must be given notice of probate..

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Answered on 5/19/12, 10:32 am

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