Posted: 1/12/2015 8:15:08 PM EDT
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As I understand it, I am heir to my cousin's estate. Today I got my first letter from his attorney. The estate is in Arkansas.
The only enclosure was the cover letter, and an Entry of Appearance and Waiver of Notice, along with a stamped self-addressed envelope. The attorney requested that I sign and return the document to "save the expense to the Estate." In the cover letter the attorney makes reference to Petition for Probate of Will and Appointment of Personal Representative and Notice of Probate of Will and Filing of Claims and the Order Probating Will and Appointing Personal Representative. Neither of those two documents were enclosed. No copy of the Will was enclosed. I learned that I was an heir from my brother, originally. I emailed the attorney requesting the missing documents as well as a copy of the will. Does this strike anyone else as odd or disingenuous? I am not expecting a nickel and dime accounting, but I would at least like to get an idea of what my cousin's wishes were, the approximate value of his estate, and an approximation of what I may realize as his heir. What would you do? |
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As I understand it, I am heir to my cousin's estate. Today I got my first letter from his attorney. The estate is in Arkansas. The only enclosure was the cover letter, and an Entry of Appearance and Waiver of Notice, along with a stamped self-addressed envelope. The attorney requested that I sign and return the document to "save the expense to the Estate." In the cover letter the attorney makes reference to Petition for Probate of Will and Appointment of Personal Representative and Notice of Probate of Will and Filing of Claims and the Order Probating Will and Appointing Personal Representative. Neither of those two documents were enclosed. No copy of the Will was enclosed. I learned that I was an heir from my brother, originally. I emailed the attorney requesting the missing documents as well as a copy of the will. Does this strike anyone else as odd or disingenuous? I am not expecting a nickel and dime accounting, but I would at least like to get an idea of what my cousin's wishes were, the approximate value of his estate, and an approximation of what I may realize as his heir. What would you do? Not a lawyer but have been an executor 3 times in different states. None Arkansas though. If I was executor I would have never sent any of that out. I file will county registrar, 2 weeks later, judge approves me as executor. If anyone wants a copy of will, it is a public doc, go request ot from court house (though I could also provide it). It seems to me there was no will and someone hired an attorney to get a judge to appoint them executor, or their was a will but the executor was unable to serve. You need to find out who the petition is naming to be the Executor. |
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In some states, the will is not a public document but is available in the court records to parties.
The OP called the attorney "his attorney", apparently referring to the deceased. The deceased has no attorney. The attorney is either the executor (some states call them "Personal Representative" ) or works for the Executor. Getting a copy of the petition and the order appointing is a good idea. The estate may not have an inventory yet. I would expect that the OP would get a copy when filed. The waiver of notice puzzles me. Waiver of notice to what? |
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I have talked with both of my brothers, who are also heirs, and we will push for a conference call with the attorney. They have not received anything from the attorney yet. How do you know you are heirs, if you have not seen will? If you have seen will, how do you not know who executor is? Something does not compute. |
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How do you know you are heirs, if you have not seen will? If you have seen will, how do you not know who executor is? Something does not compute. Quoted:
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I have talked with both of my brothers, who are also heirs, and we will push for a conference call with the attorney. They have not received anything from the attorney yet. How do you know you are heirs, if you have not seen will? If you have seen will, how do you not know who executor is? Something does not compute. My older brother, the same one who informed me that I was an heir, also informed me that he and my other, younger brother, where also heirs, along with our nephew. I trust that he is not lying about it. He was told this by our cousin, prior to his death. |
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Quoted: How do you know you are heirs, if you have not seen will? If you have seen will, how do you not know who executor is? Something does not compute. Quoted: Quoted: I have talked with both of my brothers, who are also heirs, and we will push for a conference call with the attorney. They have not received anything from the attorney yet. How do you know you are heirs, if you have not seen will? If you have seen will, how do you not know who executor is? Something does not compute. |
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My older brother, the same one who informed me that I was an heir, also informed me that he and my other, younger brother, where also heirs, along with our nephew. I trust that he is not lying about it. He was told this by our cousin, prior to his death. Quoted:
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I have talked with both of my brothers, who are also heirs, and we will push for a conference call with the attorney. They have not received anything from the attorney yet. How do you know you are heirs, if you have not seen will? If you have seen will, how do you not know who executor is? Something does not compute. My older brother, the same one who informed me that I was an heir, also informed me that he and my other, younger brother, where also heirs, along with our nephew. I trust that he is not lying about it. He was told this by our cousin, prior to his death. Again, how do they know? And of they know because they have seen the will, they should also be able to tell you who the executor is supposed to be. You asked: Quoted:
but I would at least like to get an idea of what my cousin's wishes were, The only way to know that is to see the will for yourself. |
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I doubt the lawyer would mail him the paperwork of he was not in the will. Quoted:
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I have talked with both of my brothers, who are also heirs, and we will push for a conference call with the attorney. They have not received anything from the attorney yet. How do you know you are heirs, if you have not seen will? If you have seen will, how do you not know who executor is? Something does not compute. Asking him to waive his rights is a red flag. Perhaps it is a state requirement, but I never had to do this in any of the states I was executor. I would not sign anything till I see the will that is going to be filed and know who is going to named executor. |