Layton, UT asked in Estate Planning for Utah

Q: My dad passed away and I am the executor of his trust. There are 6 beneficiaries. My sister is one of the beneficiaries

and she is mentally ill. She won’t sign the waiver of notice. We have filed for probate. The lawyers secretary told me the court will now send notices to the beneficiaries. What happens if she doesn’t sign or do anything? I may need a new lawyer, we went to the one my dad set the trust up with but I need better communication. Thanks!

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: If you already have a lawyer, this question would be best posited to him/her as they have all the facts. A waiver is nothing more than a statement from a beneficiary that says, you don't have to give me notice about the case. It doesn't make them forfeit any inheritance. When a beneficiary signs a waiver it can speed up the process and lessen the administrative work.

A beneficiary has right to notice when something is happening with one of their property rights. So a beneficiary is legally entitled to notice when there is a decision that is going to be made with regard to their inheritance because of due process.

A waiver says, I have this right, but I am waiving it. This means that you don't have to send them notice AND you don't have to give them time to object. That is how it speeds up the process. In addition, every time something happens on the case, your attorney will not have to send them copies of the filings because they have waived noticed. This is how it reduces the administrative process.

The fact that she didn't sign a waiver doesn't harm you, it just means that you have to tell her what is going on and you have to give her time to object if she chooses to.

I hope this helps.

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