Legal Question in Wills and Trusts in Arkansas

Waiver of notice and entry of appearance...

I received this from my brother's lawyer in regards to probate of my mother's estate. Here it goes:

The undersigned hearby waives the notice of hearing in connection with any petitions filed herein, or other matters presented to the Court, consents that the same may be heard and decided forthwith, and enters her appearance for all purposes in these proceeedings.

She further waives the requirement that the personal representative ____ ____ post a bond as a condition of his appointment as personal representative.

What does all this mean and would you sign something like this?

I have not received anything but this from this lawyer. I have not received and accounting of inventory or an allocation of assets. This is the first time I have heard anything from him. I don't understand this and am asking for more documents before I sign. I have not been told how much I will be receiving.

They talked about a $37,000 surety bond. My Mom's estate is in Arkansas and so is this lawyer.

Thanks


Asked on 7/26/06, 8:46 am

3 Answers from Attorneys
Richard Orintas Orintas Law Firm

Re: Waiver of notice and entry of appearance...

You should employ an Arkansas attorney to investigate your rights asap...

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Answered on 7/26/06, 9:03 am
James Jenkins Jenkins Law Center PLC

Re: Waiver of notice and entry of appearance...

Not being an Arkansas attorney, I can only give general advice. Most wills waive a bond by the personal representative, if it is a relative. The bond is security against any claims heirs or creditors may have for malfeasance by the personal representative. The bonds can be costly for the estate, depending upon the size of the estate. But they serve a purpose if there is an untrustworthy PR.

Waiver of notice means they do not have to give you notice of any hearing. I question why the notice would be waived, especially since you have not been well informed.

Seek help from an Arkansas attorney.

Best regards,

James D. Jenkins

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Answered on 7/26/06, 11:09 am
Donald Scher Donald T. Scher & Associates, P.C.

Re: Waiver of notice and entry of appearance...

I do not recommend that you sign this without being satisfied and having all of your questions answered. Even if you sign the form, you can still demand that notices of all action taken in the probate be sent to you, so that you can object if you want to do so.

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Answered on 7/27/06, 12:12 am


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