Will Contest timeline

[JamesR]

What is the name of your state? NY

I am serving as voluntary administrator of a deceased friend's estate. His wife is now contesting the will, as evidenced by a letter received from her attorney and a copy of the form filed with Surrogate's Court.

What is a normal timeline for the Surrogate's Court to deal with the challenge to the will? Since the letter was filed in October I have received nothing from the court to notify me of any court date or next steps.

Once the challenge has been filed with the court, how long does the Will Contest remain "open"? At what time does the Will challenge lapse? (I have tried to negotiate with my friend's wife through our attorneys, but have not received any information from her with regard to what she might want)

What proactive things can be done by me with Surrogate's Court in the meantime?

 

[Dandy Don]

You need to be talking to a local probate attorney in New York about this complex matter, since it is unlikely that a New York attorney would be reading this message board.

On what grounds is she contesting the will?

Were you named as a beneficiary?

Was she named as a beneficiary?

Are there children of the decedent named as beneficiaries?

If there is a will involved, then you are an voluntary EXECUTOR, NOT an administrator--administrator is a term only used when there is no will?

DANDY DON IN OKLAHOMA ([email protected])

 

[JamesR]

I am preparing to change lawyers, and obviously someone with skills in probate will be essential. I'm just trying to be increase my understanding of what might happen.

She is contesting the will because she believes she is entitled to a certain portion of the estate as surviving spouse regardless of the will.

I am not a beneficiary, nor was I involved in the writing of the will. I did not know I would be executor until notified by the lawyer after his death.

She was not named as a beneficiary. Although she has received a generous surviving spouse benefit from an insurance account as he had intended.

The will was prepared close to the time of death, but represents what my friend's current thinking had been in the previous months

There are no children.

Thank you for the clarification on the difference between executor and administrator. I have heard the terms used somewhat interchangeably.