Trust Law Attorney

Trust Law Attorney
Brooklyn, NY 11218
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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.
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.
Trust Law Attorney, Guardianship Law Attorney, Elder Law Attorney, Probate Lawyer, Will Preparation
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