If you were served with a New York citation, you’ll do well to contact an estate attorney right away, to avoid possible prejudice to your rights to the estate.
If this were a friendly situation, you would most likely have received a waiver.
If you received a citation alerting you that someone is asking that Letters Testamentary be issued to them, it is very important to obtain a copy of the will as filed with the court. If the Will is cutting you out or is giving you less then you are entitled to, you might consider objecting to the will.
If you are considering objecting to the will in New York City, it is important to have an attorney appear at the date of the citation to voice the objection and ask for a new hearing date and for examination of witnesses to the will, the examination of the attorney who drafted the will, and the examination of the person who is offering the will to probate.
If you get a citation alerting you that someone is asking for Letters of Administration, that means that the person who died did not have a will (died intestate) and someone is petitioning to become the administrator of that person’s estate. The person to whom Letters Administration will be issued will have the responsibility of managing the estate, paying bills, maintaining the property, paying taxes and making distributions.
While having Letters issued does not mean that person will get everything belonging to the estate, it might be to your advantage to become the administrator instead of that person, to have better control of the estate, to make sure that you get your fair share, and to get administrator’s commissions, which can be substantial in a large estate.
If you are considering objecting to the appointment of the person who cited you as the administrator, it is important to have an attorney appear at the date of the citation to voice the objection and ask for a court hearing to determine who will be the fiduciary in charge of the estate.
It is of utmost importance to not just ignore a citation. New York State has strict rules regarding objections – if you do not appear, you may forever lose your chance to object.
If you got a citation, you’ll do well to contact a New York estate attorney right away, to avoid possible prejudice to your rights to the estate. Contact the Law Offices of Albert Goodwin at (212) 233-1233.