A FAMILY MEMBER PASSED AWAY AND WE ARE SUPPOSED TO SPLIT AN INHERITANCE AMONG 3, WE RECEIVED DOCUMENTS SAYING PERSONAL REP. OF THE ESTATE, WAIVER OF CONSENT OF NOTICE AND RENUNCIATION OF RIGHT TO APPOINTMENT NOMINATION OF PERSONAL REP AND WAIVER OF NOTICE, WHAT DO THESE PHRASES MEAN, ARE THEY TRYING TO STEAL THE MONEY FOR THEMSELVES? WE LIVE IN NY AND THEY LIVE IN DETROIT, MI
Estate Planning Attorney
I am a NY lawyer. I agree that you should have a lawyer review the documents. In general, the requirement that you sign a waiver or renounce your right to appoint a personal representative/administrator indicates that you have standing to object to someone who is applying to become the p.r./administrator and you yourself can apply. If you waive notice, this means that you are consenting to the petitioner acting without giving you any further notice of a proceeding that has been or is being filed. Without knowing what the proceeding is, I would not give my rights away so easily. Furthermore, I would not let the fact that you are out of state affect your decisions on how to proceed or if to proceed.
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Wills and Living Wills Lawyer
You need to have a lawyer look at these notices. "Waiver" and "renunciation" are words indicating that you are giving up your right to something. Don't sign them until you get some advice from a lawyer who has actually read these documents and done some investigation.
Disclaimer: I am a VA attorney and only licensed in that state. This answer is general in nature and should not be relied on as legal advice. Nothing in this answer creates an attorney-client relationship.
It seems that you may be giving up your right to be the personal representative of the estate. This may make sense if you live in NY and the estate is in MI. But, as the prior attorney states you need to run this by your own estates attorney. It can not be stressed enough that beneficiaries are always well served to have their own attorney to watch over the administrator and to review all paperwork and actions taken by the administrator.
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Elder Law Attorney
no, it means youare agreeing that they be the one toserve as PR, nothing to do with money.
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