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How to Petition a personal representative when there is no will

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dpstyle

Junior Member
What is the name of your state? Florida

My Dad died without a will. There is a wife, and four (4) adult children, before the wife. It’s a wrongful death law suit and her attorney's wants us to waive our rights. What can we do? We do not want her to represent us in anyway, we are not trying to stop her for getting what she's entitled too we just do not want her being the yes person for us. How do we go about doing that and do we have the right to do so?

We do not have that much time to answer before we forfeit our rights. If someone could answer this as soon as possible I would be very appreciative. We only have (2) days left.


Thank you
Lois
 


lwpat

Senior Member
I'm not sure exactly what rights the attorney is asking you to waive. Someone will have to be named as the personal representative of the estate and the estate will be the entity that sues. If you want someone else to be the personal representative, then everybody should get together and agree. Someone has to do it.

If they are asking you to waive your rights so she can sue personally, that is another matter.
 

dpstyle

Junior Member
Object to waive rights

Their asking that she be sole representative, and we do not want her to represent us. Can there be more than just one petitioner? We just do not think she is competent enough to handle this. If she was legally married to him then there is nothing we can do is there?
 

Dandy Don

Senior Member
You need to be talking to your own local attorney to help you make the correct decision about this. Get one fast! Anybody who asks you to sign away your rights is not doing you a favor.
 

seniorjudge

Senior Member
Dandy Don said:
You need to be talking to your own local attorney to help you make the correct decision about this. Get one fast! Anybody who asks you to sign away your rights is not doing you a favor.
Amen.

Get going.
 

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