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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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There are 4 heirs no will 3 brothers signed waiver stating

Customer Question

There are 4 heirs no will 3 brothers signed waiver stating "waives service of Notice of Administration" to assign sister PR. One waiver listed a brother as dead because deceased was a jr. son is the III can all waivers become void therefor opening the door to appoint a new PR? Also, since we have a right to an accounting and to be advised (by PR?) of the probate process and we are not can this be an opening to appoint a new PR? Two of us keep a daily search on the Clerk of Circuit Court website for filings then drive the hour and 15 minutes to retrieve available document.
JA: What are the assets in question? Have any documents been drafted?
Customer: Homestead paid for 12,000/ V W bug paid 800/ 3 bank accounts only know one @150,000/ annuities, life insurance unsure of the amounts possibly 300,000/ all 4 are beneficiaries equally on IRA 590,000 she also said should would not want to be paid but said she would sign a waiver, it didn't happen. We receive no detailed information from her the few times we have text her, gave up on calling we were being ignored. She needed tax returns so we contacted our Dad's accountant and she texted "Why aren't they in my hands". Our texting at that moment didn't go well.
JA: Estate planning laws vary by state. What state are you in?
Customer: Fl
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, had Dad's memorial on Friday, she went to see lawyer that day, five days later on Wed. we signed clearly mislead by what we were signing.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Has the probate case actually been filed and sister been appointed as Personal Rep (PR)?

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If so, how long as the estate been open?

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thanks

Barrister