Orlando, FL asked in Probate for Florida

Q: Is there a difference between 1)Waiver Comments: & consent - ( name of person) 2) Waiver Comments:/ (name )

My Grandmother had a revocable trust.

And the FIRST information I received a letter

waiver to sign . ( I can go into detail , if it Is private)

I question why only he the trustee and his kids only say waiver comment / (name )

And his sister and her kids say waiver comment & consent - (name)

When all of us were listed as beneficiaries.

Thank you for your help .

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: The documents would need to be reviewed by an estate planning and probate attorney because there are a lot of things that can be waived and consented to and done so for various reasons. One of the big things is the naming of a new trustee and or accounting and so forth, in addition, there may a need for some assets to be probated because they never made it into the Trust as well as various other reasons, until and unless an attorney can review the documents and what they specifically apply to it is difficult to assess. If you have any doubts or concerns whatsoever you should no doubt have your own attorney reviewing and advising you on these documents because any attorney hired by the trust is representing the trustee and the trust and not beneficiaries whose interests can easily and quickly diverge. The question therefore is what are they asking anyone to consent to and what are they requesting anyone to waive. Unless you have complete and total trust on matters, why would you ever waive anything related to a accounting is one good example. Until you have someone look at things in detail, it is not likely you will get much useful information as it would entail a lot of guessing with limited information and additional details would be needed to property assess matters and better advise.

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