What signing off means?

[blissfully]

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

Im located in upstate NY. But the deceased and sister in law is in Indiana.

My husband died in 2010 (brother to deceased). His brother died a few days ago. My ex-sister in law called.. she wants me to have my son sign off on some papers. Im not sure why my son would have to sign off on anything to do with his uncles estate unless his uncle left him something. I understand he dont have a will so I dont think thats the case. She is filing to be executor of the estate. She has asked me to get him to sign them and email back a copy and over night the other one asap, she stressed ASAP quite a few times. She claims she cant even get his body from the coroner's office until she gets these papers signed. This dont make sense, I processed my moms estate but didnt understand much about it... the lawyer did most of the legal stuff. But I know my moms body was long since burried before the estate settled. A friend said its possible his estate may be divided between his sister and brother (or heirs if brother is deceased). He does have an "ex" wife and 2 kids he signed off on parental rights to a long time ago. Besides my son... there is 6 other children by 2 different wives... that are just as related to this uncle. My ex sister in law asked me if they had their rights signed away previously... I said not that I know of. She said for the sake of this... lets just say... "you think so". She is wanting this hushed up and as few people involved as possible. I guess what my question is... If there is a paper to sign off on... what is it for. Could my son be left something in his estate....(with no will i doubt it) or does he stand to inherit something because his dad was brothers to him.

 

[anteater]

How old is your son?

I would suggest that you wait until you receive the "papers" and can look them over. Until then, everything would just be speculation.

 

[blissfully]

How old is your son?

I would suggest that you wait until you receive the "papers" and can look them over. Until then, everything would just be speculation.

My son is 20 in Sept but he is also incarcerated. I received the papers via email...

DISCLAIMER

I, (my sons name), a surviving nephew of (the deceased)(�Decedent�), who died on the 19th day of April, 2014, declare as follows:
The Decedent died on the aforesaid date, a resident of Indiana.
The Decedent died, intestate, without leaving a Last Will and Testament.
(ex-sister in law) is petitioning to be appointed the Personal Representative of the Estate of (the deceased).
There is no surviving spouse or issue of the Decedent.
The following persons survived the Decedent:
(ex sister in law), sister.
(my son), son of Decedent�s brother, (My husband), who passed away in 2010.
Under Indiana law, I.C. 32-17.5 (effective July 1, 2003), the undersigned may disclaim, in whole or in part, his intestate share in Decedent�s estate.
The undersigned desires to and by the within writing, executed by the undersigned and delivered in the manner provided in I.C. 32-17.5-7-2, hereby disclaims his interest created under the law of intestate succession.
The undersigned is aware of the fact that by making the within disclaimer, he will not receive any portion of the Decedent�s estate.

The undersigned is also aware, that by executing the disclaimer, the Decedent�s estate shall pass to the surviving sister, (ex sister in law).
The undersigned is also aware of the fact that the within disclaimer becomes irrevocable upon the delivery to the Personal Representative of the Decedent�s Estate.
The undersigned makes the within disclaimer without any qualification or contingency whatsoever.
Executed this day of , 2014.

If my son dont sign this... he is entitled to his portion of the inheritance? Will he be notified what it is or if he is entitled to half ... does it show what ALL of it was and showing what his half is ? How will he know if he actually got half?

 

[LdiJ]

My son is 20 in Sept but he is also incarcerated. I received the papers via email...

DISCLAIMER

I, (my sons name), a surviving nephew of (the deceased)(�Decedent�), who died on the 19th day of April, 2014, declare as follows:
The Decedent died on the aforesaid date, a resident of Indiana.
The Decedent died, intestate, without leaving a Last Will and Testament.
(ex-sister in law) is petitioning to be appointed the Personal Representative of the Estate of (the deceased).
There is no surviving spouse or issue of the Decedent.
The following persons survived the Decedent:
(ex sister in law), sister.
(my son), son of Decedent�s brother, (My husband), who passed away in 2010.
Under Indiana law, I.C. 32-17.5 (effective July 1, 2003), the undersigned may disclaim, in whole or in part, his intestate share in Decedent�s estate.
The undersigned desires to and by the within writing, executed by the undersigned and delivered in the manner provided in I.C. 32-17.5-7-2, hereby disclaims his interest created under the law of intestate succession.
The undersigned is aware of the fact that by making the within disclaimer, he will not receive any portion of the Decedent�s estate.

The undersigned is also aware, that by executing the disclaimer, the Decedent�s estate shall pass to the surviving sister, (ex sister in law).
The undersigned is also aware of the fact that the within disclaimer becomes irrevocable upon the delivery to the Personal Representative of the Decedent�s Estate.
The undersigned makes the within disclaimer without any qualification or contingency whatsoever.
Executed this day of , 2014.

If my son dont sign this... he is entitled to his portion of the inheritance? Will he be notified what it is or if he is entitled to half ... does it show what ALL of it was and showing what his half is ? How will he know if he actually got half?

Your son absolutely should NOT sign that. Your ex sister in law is trying to take the entire estate for herself, instead of sharing it with your son.

 

[anteater]

And here, I was thinking that "ex sister-in-law" was referring to the deceased's surviving spouse. It's actually the deceased's sister, right? I hate in-law situations. Getting the mental relationship map down is so taxing.

If my son dont sign this... he is entitled to his portion of the inheritance? Will he be notified what it is or if he is entitled to half ... does it show what ALL of it was and showing what his half is ? How will he know if he actually got half?

Let's put it this way... If ex-SIL is trying this stuff right off the bat, he is going to have to watch administration of the estate like a hawk. Which may be a bit difficult if he is incarcerated a few hundred miles away from where the probate action will take place.

 

[Eekamouse]

What a greedy, sneaking ex-sil you have. Hopefully she won't get away with what she's trying to do.

 

[blissfully]

Your son absolutely should NOT sign that. Your ex sister in law is trying to take the entire estate for herself, instead of sharing it with your son.

Thank you for all of your information... I have another question... being my son is incarcerated is there anything she can do to keep him from claiming his portion of the estate? Is there anything he can do or have me do for him to make sure she dont take everything? The deceased had a girl friend living in the home at the time....im sure she knows what he owns.

 

[LdiJ]

Thank you for all of your information... I have another question... being my son is incarcerated is there anything she can do to keep him from claiming his portion of the estate? Is there anything he can do or have me do for him to make sure she dont take everything? The deceased had a girl friend living in the home at the time....im sure she knows what he owns.

Well, it wouldn't hurt for him to give you power of attorney, but I think that you may really need to help your son hire an attorney. However, unless the estate has significant assets, it may not be worth hiring one.