Legal Question in Wills and Trusts in Minnesota

Why have a waiver of notice from an heir?

My mother rewrote her will unbeknownst to me a year ago naming just my sister as executor. The previous will had us as co-executors. She has also requested that I waive notice of all hearings on the petition for formal probate of will. What might I be waiving?


Asked on 5/21/04, 10:34 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Why have a waiver of notice from an heir?

The waiver of notice thing sounds weird. I can't think of why you would want to agree to it. But what exactly is going on here? I've never heard of anybody being asked to agree to such a thing in advance while the prospective dead person is still alive and healthy. Are you being asked to sign something or what?

As far as being co-personal representative, I have always thought that it's better to have one and not two. Generally it's a job that's a pain in the butt, and having to get two signatures on everything makes it that much harder.

The first thing I question about your question is, however, this: What't this about a formal probate? Why not plan on doing that informally? With informal there are no hearings. No notice of hearing to waive.

Good luck.

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Answered on 5/22/04, 2:31 pm


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