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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6516
Experience:  Wills, Trusts, Probate & other Estate Matters
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SHould I have an individual waiver signed by each one of my

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SHould I have an individual waiver signed by each one of my brothers or can I have them ALL sign one waiver.?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

My practice is to have each beneficiary sign a separate waiver, but there's really no requirement that there be separate documents as long as they all sign.

Customer:

I c. I think I will err on your side..since I dont want to have any hiccups.

TMcJD :

Sure, that's always why I do it that way when beneficiaries waive any requirements.

Customer:

now, i plan to have 2 of my brothers present and one that just cancelled. Do they need to be present in order for the judge to approve? Also, in this case, I actually have two different cases at the same time. One for my mother and the other for my father. Again, them being present mean more?

TMcJD :

No, they don't have to be present. With the waivers, that tells the court they are waiving any bond requirement. Also, them not being present means they're not objecting to your appointment (unless, of course, they file a timely objection prior to the hearing).

Customer:

I c. I had indicated they needed to be there to avoid any issues.

TMcJD :

Nah, they don't have to be there.

Customer:

but, if its not required then maybe I can tell them not to miss work.

TMcJD :

As long as they've been given proper notice and you can show that to the court.

Customer:

also, what other documents will i need? I filed other forms (letters) but will I get a document saying I am the personal representative so I can begin to change the title on my parents home?

Customer:

I did the publication requirement. That should be enough, right?

TMcJD :

The letters are issued at the hearing. That will be your authority to act.

TMcJD :

DE-120 - notice of hearing.

Customer:

I actually only have DE-121 NOtice of petition to administer estate..is that the document you referring to?

TMcJD :

Different form, but the DE-121 will work based on what I know about your case

Customer:

I also have DE-150 and DE -140 that I had prepared when I filed this case and it was returned to me. Do i need to take these to the hearing?

TMcJD :

Yes

Customer:

ANY OTHER forms that i will need?

Customer:

If I have all these documents will I be appointed administrator on that day?

TMcJD :

Yes, but because I cannot give you a full outline of everything, let me refer you to the page where you can find forms. You'll need to review those, the probate statutes, and the court rules for specific guidance on how to proceed in your particular case.

TMcJD :

http://www.courts.ca.gov/forms.htm?filter=DE

Customer:

ok. thanks.

Customer:

Finally, with the letters document..is that the document that will provide me with authority to make transactions?

TMcJD :

Yes, the letters give you authority to act on behalf of the estate as personal representative.

Customer:

ok thank you.

TMcJD :

You're welcome. Have a great evening.

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