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Home > Law > Family Law   »   I need assistance with "waiver of probate" form

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Old Mar 20, 2008, 05:31 PM
deedee123
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I need assistance with "waiver of probate" form

When my husband passed away Jan, 2000 there was no will and there was no probate needed as all assets were jointly owned or I was the beneficiary. I recently found 14 stock certificates that are appox 30 yrs old. My problem is 1 of the 14 is only in my husbands name, the others are joint tenancy. I now have to fill out a "waiver of probate" form and it is so confusing to me. By the way I live in Massachusetts.
My problem is basically on these questions they ask:

Deceased left assets amount to: _______consisting of cash in amount of:______
also they ask... fair market value of securities and real property & other assets.
Also the amount of debts.

What assets do I need to list? The one stock certificate, which is worth only around $50, is the only thing that was in his name only. And it's going to cost me $40 in fees to transfer it to my name. ... Also do I now have to notify brothers, sisters, nieces, etc because they may be entitled to such a small estate? It does say that it must be executed by all persons entitled to share in the estate. It's been 8yrs, is there any kind of statute either on the amount of time or the amount of this transaction? Would appreciate your help. Thanks

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Old Mar 20, 2008, 05:55 PM   #2  
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Who said you need this form? I would send the certificate toi the company with a copy of his death certificate and your wedding certificate. Send a cover letter stating that he died without a will because all his other assets were held as joint tenants. Request that the reissue the certificate in your name.

If the stocks has such a low value its really not worth doing any more.
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Old Mar 20, 2008, 05:59 PM   #3  
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The wavier is for all the property that would have went to probate.
Since all of the other property is not for probate. So the one share of stock is it.

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deedee123 agrees: Part of the question was answered. The balance wasn't. I figure my fees & postage will be more than the value of the stock & not worry about the distribution to anyone else. Thanks for your time. deedee
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