Legal Question in Wills and Trusts in New York

Waiver
I signed a waiver that was sent to me one month ago. I have since had reservations about signing. I would like to rescind the waiver. What course of action should I take? This is in reference to my fathers estate. I was under the impression that my elderly siblings would represent us, there are 19 siblings. They indicated to us all they would divide the proceeds equally. I have proof in the form of emails and letters and witnesses at a family meeting. It was said that the two elders would divide my fathers pension, life insurance, deferred compensation and house equally. I have reason not to trust them.

Asked on 10/31/05, 10:46 am

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Waiver

It seems you wnat to contest the inventory and distribution of the estate as determined by the executors and not the will itself.

You must request an inventory of the assets. If the inventory is accurate (nothing hidden), then you should be alright.

if not, then there is a problem

Good luck.

Answered on 11/01/05, 12:17 pm

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Norman Nadel Norman Nadel, Esq.

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Re: Waiver

My guess is that the waiver you refer to is a waiver of citation. It is a stipulation and can be revoked only under unusual circumstances, such as fraud in the inducement, etc.

Furthermore, the revocation, if it could be obtained, would then allow you to challenge the Will for improper execution or improper inducement to sign. Do these circumstances exist?

19 siblings seems like a lot of brothers and sisters. Perhaps you mean beneficiaries under the Will.

The distribution of the pension plan, life insurance and deferred compensation plans is not made under the Will (or intestacy if there is no Will), but in accordance with the respective beneficiary designations. What do they provide.

Answered on 10/31/05, 11:19 am

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