Probate Issue

[Wanamaker]

What is the name of your state (only U.S. law)?
Minnesota

My grandma passed away last year, and now I received a letter from a lawyer stating that they want me to sign a "Nomination of Personal Representative and Renunciation of Priority for Appointment." Near as I can tell, one of my relatives wants to be in charge of selling everything, and I guess I need to sign this so he can do so.

Now, I couldn't care less about it, and I have no interest in any moneys that will come of it (which can't be much since she died poor). I don't like my family and I don't want anything to do with this. The letter I am to sign states that I am "an interested person," making me think that I could be partially responsible for anything that may come of this. It's likely nothing like that will happen, but I don't want to take that chance. I just want them to leave me alone.

Is there any way I can refuse to sign this, or perhaps get them to draw up something else stating that I waive any rights or responsibility in this undertaking? I can't be bothered with this, and if you knew my relatives you'd know why.

 

[commentator]

You are an interested party by virtue of being one of her living heirs. if you want no part of this, don't make a big issue of refusing to sign. That's the way to stay involved in it indefinitely. Sign the thing and send it back and you're out. Not doing that is just being obstructive and calling a lot of attention to yourself.

 

[tranquility]

You never have to sign. They just want to make sure there is no litigation over who is appointed. (Someone else other than the one seeking appointment must have been named.) Ignore them. Maybe, if you are suspicious, send a letter saying you would prefer the one named is appointed. Not that you have an objection, just that you prefer.

 

[Wanamaker]

Thanks for that. I'm not sure I follow commentator's logic in signing to get out of it. I fail to see how not wanting anything to do with it is obstructive.

I like tranquility's suggestion of submitting a letter. However, I wonder if I should just state that I have no problem with who they appoint and that I have no interest in pursuing this in any legal capacity.

 

[anteater]

However, I wonder if I should just state that I have no problem with who they appoint and that I have no interest in pursuing this in any legal capacity.

That is what signing the Renunciation does.

 

[Wanamaker]

That is what signing the Renunciation does.

I understand that it's giving priority to this other person and not me. My concern is that by signing it I'll be opening up a path for more involvement and hassle with them.

 

[anteater]

I understand that it's giving priority to this other person and not me. My concern is that by signing it I'll be opening up a path for more involvement and hassle with them.

I'm not certain where those concerns are coming from. Unless there is something else buried in the document, all that you are doing is waiving any right you have to apply to the court to be appointed to administer the probate estate. You aren't accepting any kind of responsibility or liability.

I don't know Minnesota procedure, but in states like New York and New Jersey, if you refused to sign and return the document, there would be a probate court hearing scheduled and you would receive a summons to attend. If the same process is followed in MN, you would then end up fretting about that summons.

 

[curb1]

Wanamaker, sign the document, send it back and forget it.