Q: Do I have to waive my rights of notice of adminastration and to challenge the will to receive my inheritance ?
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
