Legal Question in Wills and Trusts in New York
Hello If I sign a WAIVER OF PROCESS: CONSENT TO PROBATE form will that hurt me in anyway in the matter if I do so. I would like to be sure that I'm not hurting myself in the process. Also could you please tell me what it means when the undersigned, being of full age and sound mind, residing at the address written below and interested in this proceeding as set forth in paragraph 6a of the petition, hereby waives the issuance and service of citation in this matter and consents that the court admit to probate the decendent's Last Will and Testament dated etc etc. Would this hurt me in any way if I signed the document in this family matter. Concerned and don't want to be taken advantage of during this difficult time. Can you answer this for me I would appreciate it very much? Thank You
3 Answers from Attorneys
Did you read the will ? Are you satisfied with it? By signing a waiver, you give up your rights to contest.
By signing the form you are agreeing that the will is valid. You are getting the form because you are an heir of the decedent, but not necessarily, a beneficiary.
You should examine the will before signing. You may have been disinherited.
Once you sign, you can no longer challenge the will.
As Mr. Slater and Mr. Nager inform you, executing a waiver and consent document in a probate proceeding means that you consent to the terms of the will. You would thus be waiving your right to object to it.
I don't know, from your posting, what your familial relationship was to the decedent, what are the terms of the will, whether you are named in the will, and how much you are to receive under the will.
Thus, I can't advise you as to whether to sign or not sign the waiver and consent. If you need any guidance on this, you may feel free to contact me.
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