Estate Law Questions? Ask an Estate Lawyer.
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It's a measure to ensure you do not contest the will. Although you note you're not an "heir" unless he died before your mother, that is not correct. You're always an heir of your mother, you just are not a beneficiary under her will unless he had died first. Thus, if the will was contested and determined invalid, you (as an heir) would have an interest in her estate.
I had no problem signing. It is done. I felt a bit insulted. Was it legally what had to be done. I was informed in the cover letter that if I did not sign, I would be legally served.
Yes, it was legal.
Many attorneys, unfortunately, just don't have tact when dealing with those types of situation. It's a shame, because there's no reason to make anyone feel insulted or for the situation to be awkward. Some attorneys just go into everything like it's a war.
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Thank you! XXXXX allowed another question pertaining to this subject?
Sure, but generally just for clarification. If you have a new question, it's customary to post a new question so that the expert can receive credit for each question. It's sort of a one-question-at-a-time system. Otherwise, we would be spending hours on multiple question with very little overall compensation. But, certainly let me know if you just need clarification.
For clarification, I understand it was legal. Is it a usual practice? My husband is an heir also but at his father's death he did not have to sign anything to insure he would not contest.
Every attorney does things a little different, and the process is a little different in each state, but to my knowledge it's not very common really. Unfortunately, I would have to actually see the full text of the document to provide more specific information to you.
Thank you. I am satisfied.
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