IN RE: Albert AFLALO (2024)

Order, Surrogate's Court, New York County (Hilary Gingold, S.), entered on or about July 10, 2023, which, inter alia, admitted the subject will to probate, unanimously affirmed, without costs.

Objectant did not provide Surrogate's Court with an explanation as to why she did not timely object to the probate petition and did not move to vacate her default.

In any event, the Surrogate's Court providently exercised its discretion in admitting decedent's Last Will and Testament dated May 14, 2019 to probate (see Matter of Halpern, 76 A.D.3d 429, 431, 906 N.Y.S.2d 253 [1st Dept. 2010], affd 16 N.Y.3d 777, 919 N.Y.S.2d 503, 944 N.E.2d 1142 [2011]).  The two attesting witnesses stated that decedent asked them to witness his will and they recognized his signature on the document.  Decedent's son (petitioner), his widow, and his attorney stated that the signature on the will belonged to decedent.

Objectant, decedent's daughter, did not deny that the signature on the will belonged to decedent, and expressed only suspicions based on a report by a graphological expert she hired.  However, the expert's opinion was based on a comparison of decedent's signature on a copy of the will to his purported signatures on a lease.  Objectant provided no evidence that the signatures on the lease belonged to decedent.

We have considered objectant's remaining arguments and find them unavailing.