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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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I read your answers to citation renunciationand consent

Customer Question

hello I read your answers to citation renunciationand consent to appointment of administrator. the issuer of the document says that he is trying to be named executor and my sister who is an attorney says this is just a standard form. but as you answered earlier I am also signing away my right to my share of any inheritance is this whether or not there is a will in place? i am sure there was a will can i demand to see it?
Submitted: 2 years ago.
Category: Estate Law
Customer: replied 2 years ago.
just to add
the court document is from new york state. Bronx county
my aunts son says that he is trying to be named executor
and that I need to fill this form out.
I am suspicious only because the form also seems to relinquish my rights to my share of the estate if there is a I suppose I just want to not block his executor status but still maintain my right to any inheritance due.
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. A Waiver and Consent does not effect your right to a share of your father's estate. Rather, by executing the form your are telling the court that you consent to this person being appointed administrator of the estate and that you have given up your right to act as administrator. That being said, you are not required to sign the form nor is the form required for this prson to proceed with her petition to be appointed administrator. If you refuse to sign the, the court will issue a citation which will be served upon you. The citation will set forth a date by which you must object to this person's appointment. If no one objects, they will likely be appointed.That being said, someone must be appointed as administrator. Only an administrator has legal authority to act on behalf of the estate. If you do not want this person to act, you may seek to be appointed. However, I urge you to retain an attorney to assist you with this matter as soon as possible if you feel like your rights could be in jeopardy. If there is a will then it will be filed in this probate case. You can also ask this person or whoever has the will for a copy of it. If no one will provide the copy then you can file a motion to compel and ask the court to order a copy provided to you. Again, it would be best to retain an attorney to ascertain your rights in this matter. Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)