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Alan Jack Rapoport

Alan Rapoport’s Answers

2 total

  • If I sign the Waiver of Notice of Probate of Will (Ohio, form 2.1), what notices and/or rights am I foregoing?

    There is a lot of contention and estrangement between the beneficiaries--is it better NOT to sign the Waiver?

    Alan’s Answer

    All that you "waive" is the right otherwise to get notice of the probating of a Will by certified mail. This notice form only moves the entire probate process faster by causing the statute of limitations for any will contest action to begin sooner. The form itself advises you about the deadline for such an action, which depends upon the date of death and the date the executor certifies to the court his or her receipt of proof that notices were served on all necessary parties. The probate process cannot come to a completion until after that deadline has passed. Therefore, if you expect any distribution from the estate, it may be in your best interest to sign. But you should be very careful if you are thinking of contesting the Will to seek legal counsel as soon as possible and not miss a deadline. In all other respects, you are not waiving any rights to a proper administration of the estate by the executor when you sign this particular form.

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  • Irrevocable Trust

    My mother recently passed away and I am the trustee of her estate. The Irrevocable Trust has never been recorded. I have 4 living siblings beside myself who are entitled to their share of the estate. One of my siblings passed away a few years befo...

    Alan’s Answer

    Depending upon the language of the trust instrument, it might be possible for the property to be sold by the trustee prior to distributions being made. Or, it might be possible to make distributions to some in cash and others in kind. I think you do need to review the situation in person with an attorney, particulary if there is a question as to how real estate is presently titled of record.

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