Legal Question in Wills and Trusts in Florida

do i have to sign a waiver giving up my rights to contest a will before the process can continue?...confused as to what the executor is waiting for.


Asked on 1/05/10, 7:00 am

6 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

What rights are they asking you to give up? If the personal representative is saying that they can't proceed and want a waiver because you might have a claim to the estate, then you should talk to an attorney about your options.

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Answered on 1/10/10, 8:12 am
Marc J. Soss Marc J. Soss, Esquire

The simple answer is "no." An estate can be opened without any beneficiaries signature, waiver or consent. The PR will then need to serve you with Notice of Administration to limit the time in which you could object to probate, the will, and their appointment as PR for the estate.

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Answered on 1/10/10, 9:19 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. Get with the lawyer to learn the process.

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Answered on 1/10/10, 4:41 pm
Lesly Longa Longa Law P.A.

No, but I would contact the personal representative's attorney or speak to your own attorney. Regards,

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Answered on 1/11/10, 9:30 am

I agree with the previous answers. The only thing I would add is that "no contest clauses" are unenforceable in Florida.

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Answered on 1/11/10, 3:40 pm
Lucreita Becude Lucreita D. Becude, P.A.

Not sure what the attorney wants you to waive, but I suggest you sign NOTHING until you know what is going on in the estate. Go to the probate court and look at the file. You really should get an attorney. My colleagues are correct in their answers especially Mr. Coenson. A no contest clause is unenforceable in Florida and if this attorney is asking for a waiver, perhaps you might want to mention this to him/her and that you will be contacting the Florida Bar and reporting this.

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Answered on 1/12/10, 6:44 am


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