What happens when a sibling refuses to sign legal forms for probate?

**nyhabitat** · 09-25-2006, 02:18 PM

Both parents died an untimely death, and several mths have passed now, and still my sibling refuses to sign the legal papers to proceed with probate.My sibling has been playing games, and wants complete control of their money. My sibling, does not want to sign the papers, no matter what the will states. The will is clear, it states that everything is 50/50, and that an executor has been stated in the will,but my sibling refuses to hear this, and is holding things up. I cannot attain anything,until the forms are signed. Seems like my sibling has complete control over everything, and I have no say in the matter. I been told if I got a lawyer, it would cost me a lot, which I cannot afford to begin with.My sibling has lied to the executor, and the executor's lawyer for several months now. I am extremely frusterated, and cannot afford my own attorney. There are assets,bills, and so fourth that is being held up here. My question is this, in NY, what is the law pertaining to a sibling refusing to sign the papers for probate ? How long can this process take if my sibling refuses to sign, even under a courts order ? What is the legal precussions surrounding this? I been trying to research this, but came up with very little. Any kind of legal advice that deals with NY probate would greatly be appreciated. Thank You

**aaron** · 09-25-2006, 04:25 PM

What exactly is it that your sibling refuses to sign?

**nyhabitat** · 09-26-2006, 05:56 AM

The forms to probate the will. I had to sign legal forms for the executor's lawyer, so they can proceed to probate court. The same form my sibling refuses to sign. Are you a legal professional?

**aaron** · 09-26-2006, 06:11 AM

I am, but not in New York.

There are a lot of forms involved in probating a will, and you don't need the consent of every heir to open an estate. If you are speaking of his refusal to consent to a proposed distribution, absent consent you will likely have to submit the matter to the court for a determination of how the estate should be distributed. You should discuss this in further detail with your lawyer.