I am not named in a family member will, then I was asked to sign a waiver of process, consent to probate form...why?



I'm not familiar with a waiver of process in Probate, so I did some quick checking.

It could be a few different things. I found definitions for waivers of rights but also waivers of process, meaning service.

I'm beginning to think that b/c you're related to the deceased, but not named in the will, and b/c of that, need to consent to allow the probate proceeding to go forward, w/o challenging something, but I'm not sure what that something is unless it's rights you might have otherwise as a family member.

For the time being I wouldn't sign anything though.

Help us out if you will and check the Waiver form to see what it says. I'm assuming that you haven't signed but that an original as left with you in case you agreed to execution.

If you prefer, quote it ver batim.
Helpful Answer (1)
Reply to GardenArtist

From what I read the court is being asked to ok the Executor and I guess you sign saying you have no problem with this. I did't go thru this. Just proved the will mentioned me as Executor. Then probate gave me a short certificate showing I could handle Moms affairs.
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Reply to JoAnn29

Because if the will is vague enough, and you could possibly make a claim, a judge could rule in your favor. For example, i was advised to specifically name people i do not wish to inherit anything from me (particuarly if they are family), as they could contest my will and a judge could determine that they should be awarded something, if my will was not specific enough. Got this advice from an elder attorney, and I made sure it was specific.
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Reply to ML4444

My thought are similar to CardenArtist's, I'm wondering if you may have normally been included as a beneficiary and you are being asked to affirm that you are satisfied and do not intend to dispute the Will.
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Reply to cwillie

What did the waiver of process provide? If you weren't named as a beneficiary, I'm not sure why you would need to sign anything, unless you were a family member who was disinherited (sorry to be blunt; that's not my intention). It sounds as if there's some reason why someone wants you to acknowledge and waive rights that you may have.

Is there more of a back story on this situation? Family friction? Was there something called an in terrorem clause? This is a disinheriting clause used in wills.
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Reply to GardenArtist