probate questions

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Latest post 09-20-2012 11:40 AM by Drew. 5 replies.
  • 09-20-2012 10:20 AM

    probate questions

    I am named executor in my recently deceased brothers will. The only heirs are his children, one of which is a minor. I think they have all signed the waiver of process consent to probate but then they recieved a citation of probate. Does the citation mean that someone didnt sign the waiver?

  • 09-20-2012 10:53 AM In reply to

    Re: probate questions

    confusedwiththis:
    I think they have all signed the waiver of process consent to probate but then they recieved a citation of probate

    You "think"?

    You mean you don't know what's going on?

    confusedwiththis:
    Does the citation mean that someone didnt sign the waiver?

    Possible.

    But if you are already "confused with this" and you've barely gotten started, I suggest you consult an attorney.

    NY Surrogate Court can be tricky.

    I handled my mother's estate in the Bronx and I don't know what a "citation for probate" is.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-20-2012 11:10 AM In reply to

    Re: probate questions

    we do have an attorney, but the attorney is "friends" with the mother of the minor child, my brothers ex-wife. I was also named as trustee for this minor child so im thinking that maybe she (the mother) is objecting to that? I sure that the two adult heirs have signed the waiver and also the citation, but I'm not so sure about the mother of the minor.

    Can i get a copy of this whole proceeding to this point from my local surrogate office? As i do not have letters yet, am i entitled to this info? How much does something like that cost?

    Thanks so much

     

  • 09-20-2012 11:20 AM In reply to

    Re: probate questions

    confusedwiththis:
    we do have an attorney,

    No.  You have an attorney.  Or, at least, you should have an attorney.  One that represents you, and only you, as the nominated executor.   And one that will keep you informed and answer your questions.  Who retained the attorney?

    If you can get there, you should be able to view the case file at no cost.  If you want copies, there will probably be a copying charge.

     

  • 09-20-2012 11:29 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,931

    Re: probate questions

    I would be extremely nervous about 'we" have a lawyer --there is no "we" in this and you might be darn foolish to use the services of a lawyer who is closely aligned  with an heir or his mother!

    Unless the will directs you as executor to use a specific attorney  its up to you as executor to pick an attorney of your choice to represent the estate and the executor.

    The attorney is entitled to a fee for his work on behalf of the estate ...if he is retained to address the trust he is probably entitled to another set of fees,

    You are executor are entitled to a fee unless the will says otherwise--albeit its often a low %   but then again 5% may mount up --PLUS costs .  You may also be entitled to a trustees fee. PLUS costs

    I'm suggesting you do not rule out that others have a eye on the money tree and its control  and you need to be smarter and more assertive to take charge

    And most such court records are public records --you go get them and pay a modest copy fee  and you make darn sure your attorney is working for you and you get copies of everything and others do NOT.



  • 09-20-2012 11:40 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,931

    Re: probate questions

    Once you look at the paperwork or  proper counsel explains it  it may be obvious... There are a couple of possibe "citations"

    1. Somebody has NOT executed a consent to process

    2. Somebody seeks an objection to the will itself as valid.

    3. Somebody seeks to debate one or more issues inside the will.



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