Waiver of notice on Probate of Will

[David Orr]

i got a "waiver of notice on probate of will" form from my great aunts attorney.
the will is in alabama i'm in mississippi.
in the copy of the will that was sent neither i or my bothers and sister are included.
the aunt included other grand-nieces and grand-nephews and listed their names then had "and not otherwise the sum of one thousand dollars".
should i sign and return the waiver form or ignore it?
since i'm not included.
or is it a form to include me in the will?

[Edited by David Orr on 06-19-2001 at 10:43 AM]

 

[advisor10]

JUNE 18, 2001

The waiver of notice on probate is generally a form that means you are entitled to receive a copy of any will that is submitted for approval to the probate court, and since they have already sent you a copy of the will, you don't expect to receive any other copies of this same will.

If you or the other heirs have reason to believe that the estate has not been handled honestly and you intend to officially contest the will (which you must do within a certain time period, usually 1-2 months), then don't sign the waiver. But if you are satisfied that the estate affairs have been handled property and divided properly and that you are or will be receiving your fair share of the estate then go ahead and sign the form and return it.

If possible, you need to find out from your aunt or the executor of the estate (the person who sent you the letter) exactly what your share of the estate will be before you sign the waiver. You don't say whether or not you know exactly what YOUR share of this estate is, and that's important, don't you think?


SINCERELY,

[email protected]

 

[David Orr]

Sorry left out the word neither in the original post.
It reads as if we are excluded from the will.

 

[ALawyer]

This seems to be asking you to simply enter a "I won't contest the Will" statement, to save the others the cost and delay of more formal notices. Unless you have a real basis to contest the Will, most people would sign itas it saves hassle.