Legal Question in Wills and Trusts in New York

Consent

What does signing a Waiver of Process; Consent to Probate form mean? My brother was told that we are giving up our portion of the inheritance.


Asked on 7/21/01, 1:26 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Consent

It only means that you consent to have the will admitted to probate. Once admitted to probate, the executor will have the duty to account for the decedent's assets that pass under the will, to deliver the assets pursuant to the terms and conditions of the will, and to submit a final accounting to both the Court and the appropriate taxing authority.

Mike.

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Answered on 7/23/01, 1:32 pm
Norman Nadel Norman Nadel, Esq.

Re: Consent

It means that you will not contest the authenticity of the Will. You do not waive any rights to inherit, etc.

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Answered on 7/23/01, 1:54 pm

Re: Consent

The Consent merely indicates that the Will

is genuine and may be admitted to probate

with the person named therein as Executor

appointed by the Court.

The document you refer to is known as a

Receipt and Release, which will contain

the amount you are to receive, if any, and

will come not before a seven month period

expires after Probate.

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Answered on 7/25/01, 9:41 pm


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