Legal Question in Wills and Trusts in Arkansas

Waiver of Accounting, Notice & Bond

I live in CA, but am 1 of the many beneficiaries to my great-grandmothers inheritance. Part of her estate is in Arkansas and I have been asked by 1 of the family members handling it to sign a form titled ''Entry of Appearance and waiver of accounting, notice and bond.'' I have refused to sign it until I have an understanding of what it is and what I'm waiving, also it asks me to sign on oath that the foregoing Petition is true and correct, which I have not seen the Petition. Can you tell me what that form is really asking me to do and if it is necessary to do so in order for things to proceed and all beneficiaries to receive their innheritance? They are presenting it to me as if I and all the beneficiaries don't sign it then it messes everything up in AR due to the different laws and they're saying signing that gives them permission to proceed without us having to go to AR. Is that true? Can they not proceed without me signing that form? Wouldn't I be waiving my protection of making sure everything is being handled fairly and honestly? Please help me to understand. I haven't even seen the petition to know what all the estate is. I think this case is for Jefferson County in Arkansas.


Asked on 8/11/07, 4:37 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Waiver of Accounting, Notice & Bond

The idea is that an accounting and bond will cost money from the estate and diminish its value. But, the wisdom of a waiver depends upon absolute faith in the integrity of the Executor. You should probably not waive. You are entitled to a copy of the petition and the will which is being probated. Demand it and consult a lawyer.

Read more
Answered on 8/13/07, 1:41 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arkansas