Legal Question in Wills and Trusts in New York

Penalty for not signing non-contesting form

I was sent (by an attorney) a form to sign stating that I will not contest a will that other family members receive benefits and I don't (an uncle died).

Can I be subpeonaed to New York at my expense to explain why I won't sign then form?

What recourse do I have?

Thank you for your time.


Asked on 9/16/05, 10:45 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Penalty for not signing non-contesting form

This form is for the convenience and protection of the other beneficiaries, not you. If you decline to sign, you cannot be required to go anywhere or do anything.

The court has no jurisdiction. Although a "natural beneficiary of the largesse of the deceased", because you are neither a child of spouse of the deceased and you are not mentioned in the will, you are not an "interested person".

Unless you intend to contest the will, ignore everything. If you do intend to contest, do so soon or you will lose that right.

You are welcome to a consultation for no fee.

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Answered on 9/16/05, 4:04 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Penalty for not signing non-contesting form

This is standard procedure in NY probate matters. If you have a valid reason to object to the Will (such as you believe your uncle was incompetent to make it, undue influence was used to exclude you, or the like) other than you might not like its contents, you can file an objection with the Surrogate's Court. If you file an objection, you must appear to present your case, or at least have a local attorney represent you, although you will probably be required to appear at a hearing to pursue your claims. You do not say why you are considering objecting, so my answer is limited to the facts stated.

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Answered on 9/16/05, 10:52 am


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