I don`t know if this is the right category or not. My mother died and this is what is going on. I receieved a letter and this is what it said. The representative would be my brother...

The undersigned, ------------, who is the surviving---------of -----------, deceased, hereby waives the right to act as personal representative of the estate; consents to the appointment of-----------as Personal Representative of the Estate; waives service of Notice of Administration upon the undersigned; and requests that the Peresonal Representative not be required to post bond or security.


Could someone please tell me what rights if any I would be giving up? There is a house and it`s contents involved as well as a bank account.

This is all about who is going to be the Executor of the estate. They are responsible for ensuring that all the money is distributed, the debts paid, etc. My mom has discussed this with my siblings and me, because the most likely person to be the executor (my older brother, for many reasons) doesn't want to be because of potential bad blood left over from our childhoods. If he was, it would be cheaper, because the estate has to pay an independent executor. But, if a sibling is the executor, there is always the possibility that the other siblings will feel like he/she is taking advantage of the situation. So, do you trust your brother to do the right thing?

Your brother went down to start probate, guess he did not tell you or take you with him. Unless someone was named in her will, you have as much right to be the executor as your brother does, or you can say you don't want him to be, but want someone like an attorney you both hire to do the job.

If you trust him not to cheat you out of things, it is OK, you need to determine if you agree or if you wish to protest his being appointed.

There is no will. There is the house, the contents of the house, the bank account and a car that which has both my mother`s name and my name on it (car only). Well, what could he cheat me out of?

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Originally Posted by poobee

There is no will. There is the house, the contents of the house, the bank account and a car that which has both my mother`s name and my name on it (car only). Well, what could he cheat me out of?

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Probably the house, the contents of the house, the bank account -

You are telling the Probate Court it's OK with you if your brother is appointed Personal Rep of the Estate by the Probate Court and further that's it is acceptable to you that he not be required to post a surety bond with the Court to guarantee that her performs all the duties placed on him as Personal Representative. He would be required to gather all of the Estate assets, manage them, sell them and then disperse assets in accordance of Probate law which means to heirs in their proportion as required by the laws of the state the deceased lived in. If the assets are considerable (and only you can determine that) and/or you have any doubt that your brother will act responsible in accordance with law, then either do not sign it and/or contact an attorney to assist you.

If you fully trust him, great, just read the few we get here each week where one brother or sister sold the house and keep the money, or spent the money and so on.