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Bill Attorney
Bill Attorney, Lawyer
Category: Estate Law
Satisfied Customers: 1297
Experience:  Attorney
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Mother has 4 kids, 1 siblings. By will she only left money

Customer Question

mother has 4 kids, 1 siblings. By will she only left money to kid 1 and kid 2.
1) Kid 1 (will beneficiary) is alive
2) Kid 2 (other child beneficiary) predeceased the mother with one kid.
3) Kid 3 still alive
4) Kid 4 (non beneficiary) predeceased the mother with one kid.
5) Sibling (non beneficiary) still alive
Who gets notice and how is section 5 and 6 of the probate petition completed (who gets listed, do they all get listed?)?
Also, who gets served notice of probate? Who gets served a citation or waiver or citation? And who gets sent to them a copy of a will?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Bill Attorney replied 5 months ago.

Dear Customer,

Thank You for posting your question to just answer today. This is attorney Bill offering legal information specific to your concerns.

Which State and County are your probating the will in ?

Beneficiaries to the will are entitled to notice in law.

That would be Kid 1 and Kid 2.

Only the beneficiaries are part of the probate process, those declared in the will.

If one child predeceased the testator their heirs will inherit Kid 2's inheritance .

Please be patient for my follow up and answer when you request additional clarification or information and REMEMBER TO RATE POSITIVELY TODAY FOR THE INFORMATION RECEIVED.

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Attorney Bill

Customer: replied 5 months ago.
Kings County, NY
I understand that the beneficiaries are entitled to get a copy of the will and notice of the probate proceeding. My question is more specific to the petition of probate proceeding document, particularly items 5 and 6. How are they filled out, I need some specificity. The answers you provided I already knew that beneficiaries must receivw notice. It's the distributees per EPTL 4-1.1 and how it's relates to section 5 and 6 which I need more clarity. Please be as specific as possible, thank you