Legal Question in Wills and Trusts in California

I received a copy of my father's will in the mail along with a surrogate's court state of new york to sign. i am being asked to sign a waiver before a notary public to indicate that i have no objection to the probate of the will of my father, further that i have no problem with my mother serving as the executor of the state. my mom needs me to sign this so she can authorize my bother to handle all her finances and my sister to handle all her healthcare. the issue i have is that the will (copy) does not have my fathers signature only /s/ john karanas (hand written by someone) and both witnesses are done the same way /s/ with two handwritten names and address. is this a legal document. my father gave my brother and sister 50% each of everything and excluded me from receiving anything. please advise soonest at (619) 419-8714 or my email. thank you so much for you time and assistance. very respectfully, john d karanas


Asked on 4/17/10, 11:14 am

1 Answer from Attorneys
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Generally speaking you cannot be forced to waive your rights if you do not want to. The waiver just makes everything a little easier on your family. If you have some reason to believe that the document sent to you is not valid or that your family is trying to cut you out of an inheritance that you are rightfully entitled to you should consult with a New York lawyer immediately.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 4/22/10, 11:54 am


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