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Waiver of Priority, Consent to Appoint Personal representative & Waiver of Notice

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VillageVicarage

Junior Member
Florida
Good Day! I'm in a bit of a pickle and would be most grateful for some guidance. I live in the United Kingdom and am a British Citizen. My mother passed away recently. My brothers and I have had no relationship whatsoever. The last time I saw either of them was twenty-years ago, and was only for a few hours. It was a cordial visit. However, we know nothing of one another's life.

My mother passed in January. Just as when my father passed, my brother chose not to tell me until he had made all plans as he felt they should be. I'm not necessarily in disagreement with this. However, I had always wanted and my father had always wanted me to officiate at his funeral. Sadly, there turned out to be none. Instead, my brother had a shipping company ship my father's body to Virginia, where he was interred by the staff of the funeral home. I was only contacted via my ex-wife approximately a week after the burial, when my sister-in-law posted a message on facebook. Now that my mother has passed away, despite my not having moved for the past 25 years, and my telephone number or email address never changing, my daughter received, again, a posted message on her facebook account. In this instance, she requested that my sister in law contact me directly.

A few days ago I received an email from a solicitor/attorney in Florida. They have asked me to execute a document that says "Waiver of Priority, Consent to Appoint Personal representative & Waiver of Notice," and a "Petition for Administration." My younger brother, who is in banking, is the petitioner. I have an older brother, but have no way of knowing whether he has received a similar document. My mother was in her nineties when she passed. My 'guess' is that her estate is probably relatively simple. The document states that the relatively small estate is estimated to be valued at "£373,610.00."

I have some concerns; Following my father's death, I never saw, nor was any information shared, regarding his estate. I wasn't too upset about this, only because at some point, approximately ten years before my father's death, I asked him to remove me as a beneficiary and instead, make my two children the beneficiaries. However, my father had always asserted that there was a number of personal effects which he wanted to be given to me. Yet, in the interest of familial harmony, I chose to let it go.

This time, I have some concerns on a number of levels. There is a summer home in a luxury area of the Carolina Mountains, and there were, as I recall, numerous family heirlooms, including jewellery, multiple silver services, antique furniture, shares, bonds, etc. I'm only guessing, but there appears to be, perhaps, a sizeable disparity between the presented value of the estate and what I can only guess may have been with my mother when she passed away. Other than several small and insignificant items that my mother had always alluded to being 'mine' when she passed, I really have neither any attachment or interest in the items. However, there's a possibility that the tangible assets, particularly the antique silver, has, over a course of time, become amalgamated into my brother's home. Ergo, this would cause the overall value of the estate to be different.

My primary interest is that there is a fair and equitable distribution of our mother's estate. My interest is not only personal, but for my brother and his children as well. We're all getting older. But, my greatest challenge is that I do not live in the u.s., nor have I the resources to enter into any battles with my brother, whom I presume has substantial resources, both through a cadre of professional friends and assets. He was our mother's 'favoured' son. And if I'm truthful, I was probably my father's. Sadly, this affected my remaining brother quite badly and I believe he still struggles today.

I'm concerned what the consequences may be should I refuse to agree to this Petition. Should I ask that my brother recuse himself, perhaps suggesting that I realise how busy his life is and pointing out that the estate should be relatively simple to finalise? Should I hold signing any documents in abeyance until such time as I, at the very least, am permitted to read the will? Or, might there be any steps or petitions which I must initiate 'pro se' from here, setting forth my suggestion that independent, solicitors be assigned to resolve the estate? I'm simply at a loss as to what to do. If it helps to let you know, I am British. I do not have an american passport. My resources are less than modest. I work in Eastern Europe and the CIS with victims of child-trafficking. Any proceeds, which may have been bequeathed to me, will be used for the continuance of that work.

Thank you!

Fr B+
 


Zigner

Senior Member, Non-Attorney
Why should your brother not be the executor?

And, a $373,000 estate with various properties, etc., is anything but "simple."

ETA: If you don't agree, you're simply delaying the inevitable. You can't fight it if a court hearing is required (you stated you don't have the resources to do so.) All you would be doing is causing more of the estate's assets to be spent to reach the same goal.
 

VillageVicarage

Junior Member
Thank you Zigner

You've partially answered this query for me. I'm most grateful. I gather from what you've written that if I were to disagree, a hearing for my brother's application would be scheduled? I thought the process might be that the attorneys would become the alternates, should there be any objection by family.
My only concerns regarding my brother being executor is the fact neither of I nor my other brother ever saw our father's will, and I now have learned that this same brother has also not been offered any details as to the content of the will. Is it correct that I can actually apply for a copy of the will through a government office? Would this be prior to the distribution of assets? Thank you for your thoughtful response. It did help me consider matters and I do take your point regarding assets with property. It's only that the estate value most likely excludes the real estate. Perhaps that has already been transferred at an earlier point. Again, thank you!
 

Zigner

Senior Member, Non-Attorney
Thank you Zigner

You've partially answered this query for me. I'm most grateful. I gather from what you've written that if I were to disagree, a hearing for my brother's application would be scheduled? I thought the process might be that the attorneys would become the alternates, should there be any objection by family.
My only concerns regarding my brother being executor is the fact neither of I nor my other brother ever saw our father's will, and I now have learned that this same brother has also not been offered any details as to the content of the will. Is it correct that I can actually apply for a copy of the will through a government office? Would this be prior to the distribution of assets? Thank you for your thoughtful response. It did help me consider matters and I do take your point regarding assets with property. It's only that the estate value most likely excludes the real estate. Perhaps that has already been transferred at an earlier point. Again, thank you!
A copy of the will would have been submitted to the probate court. If no copy of the will was submitted, then the matter proceeds as an intestate matter. You can ask the administrator for a copy of the will.

I still don't understand why you object to your brother being the administrator.
 

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