Legal Question in Wills and Trusts in Massachusetts
My father recently passed away and left his entire estate to his second wife (not our mother). The estate includes a busines with a lot of debt. We are now being asked to sign a waiver of sureties on the bond. Should we sign it and why?
1 Answer from Attorneys
Assuming you are not going to oppose the appointment of whomever your father appointed as Executor/Personal Representative, the waiver allows that person to be appointed without a bond or a hearing to allow for their appointment.
If you intend to challenge the Will then go see an attorney and challenge the Will and the Appointment.
If you and your siblings do not have any liability associated with the Business then you have no risk in signing the Waiver and allowing the appointment. If one or more of you have guaranteed any of your father's debt, that may raise issues for that person and before signing the waiver they should consult an attorney.
You may want to have an attorney review the Will, et cetera before signing. If you have more questions, please feel free to call me without obligation
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