Legal Question in Wills and Trusts in Illinois
Why would I be asked to sign a Consent to Independent Administration and Waiver of Notice if I've been disinherited in my mother's will? It states that I consent to independent administration of the estate by
1. notice of hearing on the petition
2. notice of rights to require formal proof of the will and to contest the admission or denial of admission of the will to probate
3. notice of rights in independent administration
2 Answers from Attorneys
As an heir (not necessarily a beneficiary as is seemingly the case), you have rights and standing to contest the appointment of the executor.
The law protects your rights as an heir. While someone can disinherit you, as appears to be the case, you must be put on notice that they are having this will admitted so that if you have any proper challenges to it, you can make them. For example, you can try to make a case that your mother was not competent to make a will at the time she did so or that someone was able to exert too much influence in her decisions. If it is unlikely that you have and can make a challenge stick, then your signing these forms will help those involved handle things more efficiently. The process of getting these forms helps reduce the court docket and the overall cost of probate. If you do not sign the forms, they will proceed a different route and you will receive different notices. If you feel there is a concern with the will, then you should get an attorney's opinion whether a challenge is worthwhile (before you sign anything).