Trust Law Attorney
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Address: 2899 Ocean Avenue, 2nd Floor, suite 11 Brooklyn, NY
11235
Phone: 718-313-1349
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Upon the death of a testator, the will
needs to be filed in the New York Surrogate Court and in the county where the
decedent lived. The original last will is to be accompanied by a petition for
letters testamentary. The executor or his attorney file probate and
furnishes the court with information about heirs and beneficiaries. Heirs and
beneficiaries need to be notified of the ongoing probate proceeding. A probate
proves the validity of a will and in some cases, there is a will contest.
It is advisable for one to seek
legal advice before contesting a will as the process is costly and there may
also be consequences. A “no contest” clause seeks to deter parties from
challenging the will and gives the consequences if one does, and loses. Grounds
for contesting a will Grounds for contesting a will
When heirs are served with a
notice, they may sign a waiver and consent to the appointment of the executor
or disagree with the appointment. Challenging the appointment of an executor
requires the challenger to show there is dishonesty or a conflict of interest.
Anyone who objects needs to be aware that there is an order of priority in the
appointment of administrators.
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