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WHAT DO IT MEAN TO SIGN A WAIVER OF NOTICE OF PROBATE OF WILL?

Mentor, OH |

THERE ARE THREE CHILDREN INVOLVED IN THE ESTATE. TWO WHERE NAMED AS CO EXECTOR. AND THE ESTATE IS TO BE DIVIDED EQUAL. THE ATTORNEY HAS ASKED THAT I GIVE UP CO EXECTOR AS THE COURTS ONLY LIKE TO HAVE ONE ASSIGNED. SO SAYS THE ATTORNEY. THEN THEY WANT MY SISTER AND I TO SIGN THIS WAIVER OF NOTICE OF PROBATE OF WILL. WHAT DOES THIS WAVE US OF IF SIGNED.

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Attorney answers 3

Posted

What it means is you need to consult a separate lawyer to figure out your rights. The lawyer asking you to sign the form obviously represents your sister.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

Kamryn Maris Caldwell

Kamryn Maris Caldwell

Posted

I strongly agree with Mr. Quinn. Consult your own attorney.

Posted

Waiver of Notice of Probate means that you know that the probate has started. If you do not sign they will have to notify you by certified mail.

I would consult with another local probate attorney who can advise you on local customs with regard to co-executors. It sounds like your sister may want you out of the picture.

Posted

Signing the Waiver of Notice of Probate is sensible as it eliminates the time and expense otherwise needed to send you notice by certified mail. This is notice of what you already know -- the Will has been probated.

On the Co-Executor issue, I suggest you propose that your sister declines to serve so that you may be the sole Executor. See how the attorney responds to that! The Court does not ususally express a preference. The court's (Judge's) job is to oversee that the terms of the Will are carried out properly and that the Estate is administered correctly I find the reason asserted by the attorney to be suspect.

The time is NOW for you to consult with an attorney of your choosing.

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