Naples, FL asked in Estate Planning for Florida

Q: Do I have to waive my rights of notice of adminastration and to challenge the will to receive my inheritance ?

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You should request a copy of any Will and or Trust and you should speak with a probate attorney before signing and waiving anything. If you have concerns (you mention challenge a Will), you should not be signing anything without counsel of your own probate attorney. The estate attorney works for the estate and personal representative, your best interests may and likely have or will diverge based on your post. Challenging a Will can be costly and an uphill struggle, so get a consultation according to your precise situation and circumstances.

Nina Whitehurst and Terrence H Thorgaard agree with this answer

Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: I agree with attorney Gunther’t but would add that waivers like that are usually meant to streamline the process and speed up administration. That saves the estate money and could mean more money in your pocket compared to no waiver. But only sign a waiver if you trust the person doing the administering. And insist on a copy of the will no matter what.

Terrence H Thorgaard agrees with this answer

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