Trust Law Attorney
Contact
Address: 2899 Ocean Avenue, 2nd Floor, suite 11 Brooklyn, NY 11235
Phone: 718-313-1349
Website URL:
http://www.morganlegalny.com/
About US
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.
If there is no contest or upon settling such, the court issues a decree and letters of testamentary to the
executor. The executor needs to undertake tasks such as paying taxes and debts get a detailed inventory
and valuation of assets and close the estate.
Related Searches
Guardianship Law Attorney, Elder Law Attorney, Probate Lawyer
Additional Details
Hours: 24h
Payments: cash, all credit cards, check
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