Farmingdale, NY asked in Probate for New York

Q: I was named successor-executor in my grandma's will - do I need to sign a waiver of consent to probate?

I was named successor-executor in my grandma's will. She lived and passed away in NYS. My father and I both live in NYS. My father is the executor. I am being asked by my father's lawyer to sign a waiver of consent to probate. When I asked another attorney for advice I was told this is absolutely unnecessary for me to sign because I am not a necessary party because I am a grandchild - is this true? I am not named anywhere else in the will - ONLY as successor-executor. I am being pressured very strongly from my father and his lawyer to sign this... It makes me uncomfortable. What can happen if I refuse to sign and the court actually does need it? I don't want to cause issues but I also don't want to sign unnecessary forms. Thank you for your help.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: It is necessary. If you do not sign, you will be cited for a court hearing, at which point you object or the will is probated anyway.

1 user found this answer helpful

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