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.
3 Answers from Attorneys
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.
Re: Consent
It means that you will not contest the authenticity of the Will. You do not waive any rights to inherit, etc.
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.