I received an waiver of notice of probate will and am being asked to sign and return. Is this normal and should I sign?

Asked about 1 year ago - Columbus, OH

Copy of the will states that 1/3 of the estate goes to the church he attended. The attorneys attached letter states the deceased was on Medicade and in assisted living at the time of his death. He anticipates that the estate will be paid to medicade instead of being distributed pursuant to his will

Attorney answers (3)

  1. Steven M Zelinger


    Contributor Level 20


    Lawyers agree

    Answered . You should never sign anything unless you fully understand what it is and what it means. It would be extremely irresponsible of any attorney here to tell you what to do as none of us have enough knowledge about the situation. Go see an attorney to help you find out the answer to your question.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Jennifer H. Sitterley Baum

    Contributor Level 5


    Lawyers agree

    Answered . To give you some information beyond telling you to pay an attorney for a better answer, at the very least I can define what the document is for you: In probating a will, a waiver of notice consents to the appointment of an administrator or executor and waives notice of the hearing on the petition. While a waiver of notice enables the probate case to proceed in a timely and efficient manner, the risk is that by waiving notice, an interested party may fail to be present when required for an important hearing.

    Therefore, in seeking advice regarding this issue, one would need to know the specifics of the case to determine whether or not it would be prudent for you to excuse yourself from receiving further communication from the court on these proceedings.

  3. Gary Todd Dupler


    Contributor Level 14


    Lawyers agree

    Answered . I agree with Attorney Zelinger. This forum is meant for general information and you need specific advice after reviewing all the circumstances. You should take the will copy and the letter to an attorney in your area, or where the deceased resided, if not in your area. Use the Find a Lawyer feature on this site as a place to start, as there are several superb probate attorneys in the Columbus/mid-Ohio area.

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for... more

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