Legal Question in Wills and Trusts in New York
waiver of citation, renunciation and concent to appointment of administrator
My uncle died without a will. I received a letter from the only surviving brother's lawyer asking me to sign a Waiver of citation, renunciation and consent to appointment of administrator. If I sign, I ''waive the issuance and service of citation in this matter, and renouce all right to Letters of Administration of said estate, and consent that Letters of Administration'', ..my surviving uncles name.. ''or any other person entitled thereto without any notice whatsoever to the undersigned, and consents that a bond be dispensed with any claim I might have under any bond that may be filed''.
If I sign this, does this mean I waive my rights to the estate? The surviving uncle has already cleaned out my dead uncles bank account and his house of jewelry, money, etc. I cannot trust him to do the right thing.
The form it was sent on is the NYS Bar Association Official OCA Form A-8.
Thanks you.
2 Answers from Attorneys
Re: waiver of citation, renunciation and concent to appointment of administrator
u can file your own petition for administrator's letters, or object to his petition - you can also just not consent and demand an accounting when timely. If you are seeking representation, my number is five one six, two four eight, four thousand.
Re: waiver of citation, renunciation and concent to appointment of administrator
No. It means you waive your rights to challenge the will but you retain any rights that were provided to you under the will.
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