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RENUNCIATION AND WAIVER OF CONSENT WHAT DO THESE TERMS MEAN IN A FOUR WAY INHERITANCE

Bronx, NY |

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

Attorney Answers 4


  1. Best answer

    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.

    All information provided by me on this site is general in nature. No attorney client relationship is created by participation on this site. No attorney/client privilege attaches to any communication on this site.


  2. 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.

    Best regards,

    Scott Golightly

    www.golightlylaw.com

    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.


  3. 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.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  4. 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

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