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Should I Sign a Waiver and Consent Document in an Estate Proceeding?

Russo Law Group, P.C. - Estate Proceeding - Should I Sign a Waiver and Consent Document in an Estate Proceeding?If you are a beneficiary of a Trust or Estate, or a next-of-kin to a decedent whose estate is involved in a proceeding in Surrogate’s Court, you should consult with a qualified attorney before waiving your rights or signing any documents that may impact your rights.

Let’s use the estate of a hypothetical client, John, as an example. John, whose wife passed away 10 years ago, has five children.

If John dies without a will, his children are his next-of-kin, also known as his “distributees.” Under New York State law, John’s children would each be entitled to receive an equal percentage of his estate, and they would all have a right to serve as the administrator of his estate.

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