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Do I loose my rights as a beneficiary because I signed a waiver of process to probate my mothers will?

New York, NY |

My brother who is the Executor of my mothers estate mailed me a waiver to process and consent to probate my mothers will. My youger brother also received a letter. We both signed it. In the letter we were listed as dstibutees. Since we signed the waiver does that mean that we gave up our rights as beneficiaries of her estate?

Attorney Answers 4


  1. Most likely you just agreed for your brother to probate the will, and you will recieve pursuant to the terms of the will. If your mother cut you out of her will, then you get nothing.


  2. I agree with Mr. Perskin. I often send out the initial petition to any heirs of estates that I am responsible for in order to save the estate on service fees. The petitions in my state have a page for the heirs to sign that acknowledges receipt of the petition and a waiver of service of process. This just means that those heirs agree to the individual seeking the office of executor or administrator and eliminates the need for personal service. Personal service is where a sheriff's deputy or a process server hands the documents to you in person. This often comes with a fee so waiver is not a bad option.

    If you are listed as a distributee you will likely inherit something. Ask your brother for a copy of the will so you can see for yourself.

    I am licensed to practice law in the state of Georgia. This answer is intended only to provide general information in response to your question and is by no means legal advice. No attorney-client relationship has been created by this answer. Any information presented is not warranted to be error free and should not be relied upon as legal advice. You should consult an attorney in order to obtain legal advice for your situation.


  3. My colleagues are correct. If you were listed as distributes under the will, you will likely inherit under the will. The wavier of process is a cost savings tool, usually. The estate will not have to have to served with all of the documents from the estate. Your best bet would simply be to call your brother, the executor, and ask what the will provided. If that doesn't work, you can consult a local probate attorney, if you need to.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.


  4. Ar eyou int he wila s a beneficiary? If so you donot lose your right, other then to serve as excutor. if not, thenyes you lose your right toobject to the will, Youhave no right as beneficiary. A distributee is a legal heir, someone who inhewrit if the person died without a will. He olr s he may also be a beneficiary in the willor may not be. If you didnot reciev a copy of the will, along with the leter,as is required, contact the atorney and request onen

    Sonya Mittelman is aNew York attorney and hence her answers ar ebased on New Yotrk Law. Please seek advice from acompetant attorney in youru own state

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