QUESTION
Why does a will have to go into probate and can it be contested once going to probate?
Asked on Jan 23rd, 2012 on Wills and Probate - New York
More details to this question:
An elderly man filled out a will with an attorney that his daughter-in-law took him to.(his son passed away 2 years ago) This man has 3 grandchildren that were not aware of anything that happened with their grandfather. The man just passed and are being told by the daughter-in-law that the will has to go into probate and there is nothing that can be done at this time.
1 ANSWER
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The grandchildren should be consulting with a qualified attorney and not depending on the answers of the daughter-in-law- a will is only made effective when it has been 'admitted to probate' by a Surrogate Court in New York. There are specific time limits in which to contest a will's admission.
Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com
Answered on Jan 24th, 2012 at 7:46 AM