Legal Question in Wills and Trusts in Florida

My uncle recently passed away and his estate was left to me, my two brothers, my cousin and an aunt. I received a copy of the will and a form that needs to be returned called a waiver of priority, consent to appointment of personal representative and waiver of notice and bond. The copy I received of the will appoints my aunt representative which makes me wonder why I would need to sign an additional form stating what the deceased had already stated. The aunt mentioned is a sister of the deceased and lived in his home and does not want to move though the will states that the deceased wished his belongings and estate be sold and divided among the beneficiaries. Should I sign this form? Is it a regular formality? I'm in CT. Deceased in Florida.


Asked on 4/25/18, 6:56 pm

1 Answer from Attorneys
David Pilcher Bogin, Munns & Munns, P.A.

It is not unusual for a waiver to be used even when the will nominates a particular person to be the personal representative. The waiver is a sign to the court that none of the beneficiaries of the estate are going to contest the validity of the will. However, the balance of your message regarding your aunt already being in the house and wanting to stay there does foreshadow what could be a difficult situation for everyone. You may need representation in regard to that aspect of the matter and I would be happy to talk with you about your options.

Read more
Answered on 4/26/18, 4:18 am


Related Questions & Answers

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