What is the name of your state? New York
I am named as one of the heirs in my father's will. I've been asked to sign a "Waiver of Process; Consent to Probate" form (NYSBA's Surrogate's Court Form P-4). I need to know what this means in plain English and if I would give up any rights (e.g., to dispute the will or certain actions of the executors) by signing.
My father's will names two co-executors: (1) my brother who I trust, and (2) my father's second wife (not my mother) who I don't trust. The waiver/consent form was sent to me by the lawyer representing both my brother and the second wife as nominated co-executors, but since this lawyer has previously represented the second wife in drafting her will, I don't trust him either.
Specifically, by signing this form I would:
(1) waive "the issuance and service of citation" and
(2) consent "that the court admit" my father's will "to probate" and
(3) consent that letters testamentary issue to my brother and the second wife.
I want #3 to occur as quickly as possible, but I need to know the implications of #1 and #2.
I am named as one of the heirs in my father's will. I've been asked to sign a "Waiver of Process; Consent to Probate" form (NYSBA's Surrogate's Court Form P-4). I need to know what this means in plain English and if I would give up any rights (e.g., to dispute the will or certain actions of the executors) by signing.
My father's will names two co-executors: (1) my brother who I trust, and (2) my father's second wife (not my mother) who I don't trust. The waiver/consent form was sent to me by the lawyer representing both my brother and the second wife as nominated co-executors, but since this lawyer has previously represented the second wife in drafting her will, I don't trust him either.
Specifically, by signing this form I would:
(1) waive "the issuance and service of citation" and
(2) consent "that the court admit" my father's will "to probate" and
(3) consent that letters testamentary issue to my brother and the second wife.
I want #3 to occur as quickly as possible, but I need to know the implications of #1 and #2.