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What Should You Sign in a Probate of Will Proceeding
If you are a beneficiary of a trust or estate, or next-of-kin to a decedent whose estate is involved in a Surrogate’s Court probate proceeding, you should consult with a qualified attorney before signing any documents or waiving your rights.
To explain why, we’ll use the estate of a hypothetical client, John, as an example. His wife passed away 10 years ago, and he has five children.
Rights Under New York Probate Without a Will
If John dies without a will, his children are his next-of-kin, also known as his “distributees.” Under New York State law, John’s children would each be entitled to receive an equal percentage of his estate, and they would all have a right to serve as the administrator of his estate.
Rights Under New York Probate With a Will
If John had a Last Will and Testament available at the time of his death, then the will names the beneficiaries of his estate and nominates an “executor” to handle the estate administration. No law states John must name any of his children as beneficiaries of his will or appoint any of them as executors for help settling the estate. He may also choose to disinherit his children.
Any of John’s children—regardless of whether they are named as beneficiaries in the will or named as executors—may object to the probate of the will or seek discovery to learn more about the circumstances of his estate plan and the will’s validity.
Even without a will, John’s next-of-kin has a right to object to the probate of the will or the appointment of an administrator.
Waiver and Consent Documents John’s Children Receive
Typically, the person who petitions the court to either probate the will or be appointed as administrator sends each distributee a waiver of citation or consent to probate (if there is a will) or consent to administration (if there is no will).
By executing a waiver and consent document, John’s children waive their right to a citation issued by the court and consent to the court’s appointment of the administrator or executor.
What Happens When Signing a Waiver and Consent Document
John’s children may later be barred from exercising their rights in estate proceedings in the future.
If you have received a waiver and consent document, it is important to consult with an estate planning attorney or probate attorney in New York to review the document and fully understand your rights before you waive them.
Settling an estate can be stressful and emotional, especially when it’s complicated by incapacitation and uncertainty around the will’s validity. No one wants this burden to begin with, much less with a monkey wrench thrown in. If you need help with the estate administration process, please do not hesitate to contact an estate planning attorney at Russo Law Group, P.C, with questions.
Benefit from our estate administration experience, as well as caring and compassionate staff. Consult with experienced lawyers familiar with estate planning in New York. We can ensure beneficiaries don’t unintentionally waive their rights. Contact us or take advantage of our free seminars and webinars to learn more about how Russo Law Group, P.C., may assist you with estate administration.
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I need some advise but live in Florida.
If I’m the next to kin in my grandmothers estate and the family wants my brother and I to sign a Waiver of Final Settlement so the home can be sold. Can they move on with proceeds without my signing? Doesn’t the courts have to notify me?
If you are a next-of-kin, you should consult with a qualified attorney before waiving your rights or signing any documents that may impact your rights.
If you sign a waiver and consent document, you may later be barred from exercising your rights in the estate proceeding in the future.
If you have received a waiver and consent document, it is important to consult with an attorney to review the document and fully understand your rights before you waive them.
Please let us know if you are in need of our assistance. We can arrange a call with one of our Attorneys.
As you mentioned, it can make things much simpler if you have your estate in order before you pass away. I didn’t realize that one can choose anyone to be named an Executor, and it doesn’t have to be a child, or even a relative. I’ll have to ask my parents if they have anything like this in place if anything were to happen to them.
My is passed on June 15, 2020. Our baby brother wants my self and other 2 brothers to sign a waiver of rights to administer her estate. My 2 brothers are refusing to give up there rights. I am not sure what to do.
Thank you for your email. Your matter should be addressed by legal counsel and we are available to assist you. Please contact me at (516) 683-1717 or via email at [email protected] and I will arrange for a meeting with one of our experienced attorneys. I will also address any questions that you may have regarding our legal services. I look forward to hearing from you.
Please Note: This reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely yours,
Janet Corsetti, Client Service Coordinator
About 18 year now and when my father pass away it went into probate court because he did not have a will. Everyone in the family and my mother sign a wavier to the house to me. What would that mean by all of them signing the wavier.
Thanks for reaching out to us.
In order to properly advise you as to your question, we would need to review the legal documents.
You will need to get proper legal advice as to addressing your situation and advise you as to your options.
If interested in our law firm advising you, please contact our office at 516-683-1717.
Please note this reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely Yours
Janet Corsetti, Client Service Coordinator
We are going thru something very similar. My father passed and its 4 of us daughters as next of kin. We are requesting a partial distribution and our administrator is suggesting us to do a waive service of citation on the said first amended application. Is this correct/ something we should do?
Hello Juana,
Thank you very much for your interest in our blog and for your comment. I am sorry to hear of the loss of your father.
The administration process can be complicated, which is why we recommend retaining the services of an experienced Trust and Estate attorney. If there is a request for someone to sign any kind of Waiver, then we would always suggest that you speak with counsel so that you can make an informed decision before waiving any of your rights as a beneficiary/distributee.
We would be happy to meet with you and your sisters to review relevant documents and facts involved and provide some guidance in moving forward. Please reach out to Ashley to schedule a time to meet. Our office number is 516-683-1717.
Thank you.
my uncle started a lawsuit on behalf of my father againt a nursing home that he later died in and now my sister and i recieved a waiver of citation because he wants to b the administrator problem is we also want to b listed as administrator and his lawyer is against it what should we do
Thank you for your email. Since your question is regarding a legal matter, you should contact an attorney to address your situation. If you are interested in our Law Firm, please contact me directly at (516) 393-3141 or via email at [email protected]. I will be happy to assist you.
Please Note: This reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely yours,
Janet Corsetti, Client Service Coordinator
Hi my name is Wendy my sister gave us some paperwork to sign some year’s ago about a waiver of citation renunciation we signed them it was about my mom house so she is about to sell it without our permission can she do that even though we sign the paperwork did we sign over our right
Wendy,
Thanks for reaching out to us.
You will need to get proper legal advice as to addressing your situation and advise you as to your options.
If interested in our law firm advising you, please contact our office at 516-683-1717.
Please note this reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely Yours
Vincent J. Russo
My daughter lived in Mitchell Lama Co-op with her grandmother before & after she passed. She currently is living in co-op however she must file paperwork in surrogate court, no will.
But her father and Uncle are the next of kin and live in SC and they do not have any interest in the coop in new york.
Also, they do not want to travel to new york to assist me with the paperwork in surrogate court.
Can they give me a Power of attorney or can they sign a waiver to any claims to the co-op? If yes, what forms do she need to file claim for co-op apartment Mitchell Lama?
Mendscole,
thanks for reaching out to us.
You will need to get proper legal advice as to addressing your questions and advise you of your options.
If interested in our law firm advising you, please contact our office at 516-683-1717.
Please note this reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
Sincerely Yours
Vincent J. Russo
It’s great that you elaborated that estate administration would help with proper legitimacy for your will planning. The other day, my cousin informed me he planned to fix his living wills planning for his future retirement plan. He asked if I had thoughts on the best legal option to consider. You did an amazing job explaining the importance of planning for a proper legal approach. I’ll consult legal services as they can help with the living will documentation process.
It got me when you said that consulting with an attorney is important when you receive a waiver and consent document before singing anything to understand what your rights are. I will share this information with my best friend regarding the inheritance that she is due which still has to be processed. She might need lawyers specializing in that area as well as legal documentation assistance to ensure that the proceedings will be done correctly.
Thanks for reaching out to us.
If you are interested in our law firm as to estate administration, please contact our office at (516) 683-1717.
We are available to assist your friend and will arrange for a meeting with one of our experienced attorneys.
Please Note: This reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
hello my name is Tangela Pender I am trying to get some information about this joinder and waiver paper f to be explained to me because I don’t want to sign anything before getting some advice.my dad passed away and left his 3 girls w good piece of money he didn’t have a will to my knowledge and he gave everything toy oldest sister to Make sure his wishes are honored.she doesn’t talk or speak about it so I got to find out what is going on because if she done forged or taken me and
Hi Tangela:
Thank you for your email. Please accept our condolences on the passing of your father.
We would need to have a more detailed discussion and review the information to properly advise you.
We are available to assist you. Please contact me at (516) 683-1717 or via email at [email protected] and I will arrange for a meeting with one of our experienced attorneys. I will also answer any questions you may have regarding our services and legal fees. I look forward to hearing from you.
Please Note: This reply is informational only and not legal advice. You should seek the services of an attorney for legal advice.
In Florida, a qualified beneficiary has the ability to waive their right to an accounting. Provided the waiver of accounting must be in writing.
Before signing any documents in a probate of will proceeding, consult with a qualified attorney. Waivers and consent documents can affect your rights as a beneficiary or next-of-kin. An estate planning attorney can help you understand these documents and ensure you don’t unintentionally waive your rights. The Russo Law Group, P.C., offers experienced and compassionate guidance through the estate administration process. Reach out for a consultation or attend their free seminars and webinars for more information.