Probate Waiver Notice Question

[eloxley]

What is the name of your state? Ohio

Would there be any reason for someone who did not inherit any assets as the result of a relative's passing to receive a "Waiver of Notice of Probate or Will"? The decedent had all assets in multiple trusts.

The notice says it must be given to "all those persons who would have been entitled to inherit from the decedent had he or she died intestate and to those persons named as beneficiaries in the Will. Those same classes of individuals may waive this formal notice by signing the enclosed waiver."

We were under the impression that all assets had been left via trust to the surviving spouse. Why would this notice be sent?

Thank you in advance for the help!

 

[seniorjudge]

Q: Would there be any reason for someone who did not inherit any assets as the result of a relative's passing to receive a "Waiver of Notice of Probate or Will"?

A: Yes, this is referred to as "an abundance of caution." It is better to have sent a notice and not need one than it is to have not sent one and need it. If you will read further on the notice, it probably says something like, "Just because you got this notice doesn't mean you will get anything!"

 

[eloxley]

No, actually it doesn't say anything of the sort. The only other statement is that the "filing of these waivers helps to expedite the probate court administration."

I know we were beneficiaries of an ILIT held by the decendant several years back, but was under the impression that ALL assets had been left to surviving spouse. Not being greedy, just making sure everyone is on the same page.

Thanks again.

 

[Betty]

This form is sent to all parties who could have a POSSIBLE interest in the estate. The personal rep is required to give all possible interested parties notice of certain actions they are to take in administration of the estate. If you sign this waiver, they will not have to do so. It sometimes helps to administer the estate faster.

 

[eloxley]

This form is sent to all parties who could have a POSSIBLE interest in the estate. The personal rep is required to give all possible interested parties notice of certain actions they are to take in administration of the estate. If you sign this waiver, they will not have to do so. It sometimes helps to administer the estate faster.

If all assets were left to the surviving spouse through multiple trusts, how could any of the children have a possible interest? Is this just a CYA move on the part of the attornies?

 

[Betty]

Note the form said it is being given to all who might have had an interest to inherit from estate if deceased died intestate, etc. - senior judge said it well - it is an "abundance of caution." If you need to know more about the form or feel uncomfortable completing it, you might contact an attorney. (Hey, maybe you are getting something & you don't know it! )