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OK to sign: acknowledgement of service and assent to probate instanter

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b06mal

Junior Member
What is the name of your state? GA

I've been asked by my mother to sign a
"acknowledgment of service and assent to probate instanter"

The title of the doc says for her to "Probate the will"
of my deceased father in Solemn form.

My mother said I need to sign this to avoid probate court on her death because her home deed is written as "tenets-in-common without rights to survivorship".

I've heard that she wants to give this house to my brother on her
death. So, I'm wondering if this is just a way for her to prevent
me from contesting the will.

The document states that I:
... being an heir of the decedent [my father] hereby acknowledge
service of a copy of the Petition to Probate said Will in solemn form,
purported Will, and notice, waive copies of same, waive further
service and notice, and hereby assent to the probate of said Will
in solemn form without further delay.

Any advice would be most appreciated.
 


BelizeBreeze

Senior Member
The home won't pass through probate if it is in-fact, so deeded. Therefore, the rest of the estate is all that is in question.
 

b06mal

Junior Member
So should I sign this document

So, when my mom dies, are you saying her home wont go through
probate? My dad died 3 yrs ago, so my mom now lives in the home.

Should I sign this form? What impact does it have on me when my mom dies?
 

seniorjudge

Senior Member
So, when my mom dies, are you saying her home wont go through
probate? My dad died 3 yrs ago, so my mom now lives in the home.

Should I sign this form? What impact does it have on me when my mom dies?
My mother said I need to sign this to avoid probate court on her death because her home deed is written as "tenets-in-common without rights to survivorship".

If this is the way the house is titled, then probate will need to be done on pa's part.

If you sign those forms, then it means you agree to everything ma has done and will do in the future (if she is the executor of pa's estate).

Nothing you sign in pa's estate will have anything to do with what happens when ma dies.
 

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