QUESTION

Father recently died, he has a will, but his witnesses died years ago

Asked on Jul 16th, 2017 on Wills and Probate - New York
More details to this question:
My Father died in January, he has a will, but unfortunately his 2 witnesses died years ago, We got one of his son's to sign a affidavit, and get notarized, stated that those were his parents signatures, seems like this is cut and dry, but are our lawyer just giving us the run around and milking us for more money, what should we really ask the lawyer about the hold up.. Thank you
Report Abuse

2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
Dead witnesses are no problem.  The statute deals with this.  There is a proceeding that your lawyer needs to bring.  You need to prove the death of the witnesses by having the death certificates.  The affidavit of their son is not sufficient.  There is only one way to deal with this under the statute.  If your lawyer does not know, get a new one.
Answered on Jul 23rd, 2017 at 12:05 PM

Report Abuse
Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
Unless the lawyer who prepared your father's will included a self-proving affidavit and the rest of the will was properly drafted and executed, nothing is cut and dry. If a lawyer drafted and supervised the execution of the will, ask your current lawyer if the drafting lawyer was located and provided an attorney affirmation of regularity, which should expedite probate. However, even that lawyer may be subject to a hearing before letters are issued- ask your attorney that question, as well. Even when the file is complete, unless the petition for letters testamentary was filed with an affirmation of urgency, depending on the county, Surrogates Courts take a long time to issue letters. 
Answered on Jul 17th, 2017 at 8:36 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters