QUESTION
Before I sign a waiver of notice form, what does it mean to waive notice of the hearing on the petition and notice of formal proof of the will?
Asked on Jul 30th, 2013 on Estate Planning - Michigan
15 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I suggest you look at the dictionary definition of the word "waiver". If you don't understand or know what the word means, nor understand its legal effect, then don't sign anything without the advice of a lawyer.
Answered on Aug 05th, 2013 at 10:55 PM
Usually it means that you do not want formal, written notice of some or all of the steps of the probate process.
Answered on Aug 01st, 2013 at 8:17 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It may mean that the hearing will not need to take place. You would basically be saying that you consent to the petition.
Answered on Aug 01st, 2013 at 1:51 AM
Thomas Edward Gates
This tells the court you have no problem of the court accepting the will into probate and that the proposed executor is acceptable. Otherwise, you would have to appear in court to object.
Answered on Jul 31st, 2013 at 9:35 PM
Edwin K. Niles
Without more info, I'm guessing that if you refuse to sign the waiver there will be a substantial delay in the probate.
Answered on Jul 31st, 2013 at 8:48 PM
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It waives whatever the waiver says you are waiving. If you are unsure, seek counsel to review it and advise you.
Answered on Jul 31st, 2013 at 3:21 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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It means you won't get formal, timely notice. Often this is used when they didn't send notice in time to meet the statutory requirement.
Answered on Jul 31st, 2013 at 1:09 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It means that the judge can sign whatever judgment is being petitioned for, with no hearing or further action.
Answered on Jul 31st, 2013 at 11:40 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It means that you don't have to know when the hearing takes place. It also means that you are not contesting the validity of the will.
Answered on Jul 31st, 2013 at 10:35 AM
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Someone would have to review the exact language of the waiver but you are basically saying you will not require notice of the proceedings. The proof of will is scary. If you don't dispute the content of the will, you should be okay, but again, without reviewing the documents it is hard to tell.
Answered on Jul 31st, 2013 at 10:33 AM
You are agreeing that the will is written by the decedent which s/he was able to understand s/he was gifting her/his property. Also, the decedent's choice of executor/administrator is a person who will carry out the wishes expressed in the will. Otherwise there must be a hearing where the court (judge) hears evidence on whether or not the will is valid and the executor/administrator is competent.
Answered on Jul 31st, 2013 at 9:43 AM
Sanford M. Martin
To "waive" is to give up such rights. If you have no interest in receiving such notices or information, you can sign them. Many sign such waivers or waive accounting reports or consideration for the appointment of personal representative. As an interested person (family, beneficiary, etc), you have such rights, if you waive it, you give it up.
Answered on Jul 31st, 2013 at 9:33 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It means that no one will notify you of any hearing scheduled in court.
Answered on Jul 31st, 2013 at 9:25 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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You are accepting the will as valid.
Answered on Jul 31st, 2013 at 8:56 AM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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If all interested parties in the estate sign one. It means that there won't have to be a hearing to prove the will (in an uncontested estate that should save money for the estate).
Answered on Jul 31st, 2013 at 8:55 AM