How can I verify the amount in the probate notice?

Full question:

I received a Waiver of Notice of Probate of Will that I have not yet signed. I do not trust the Executor but I do not want to make things worse. The attorney's cover letter stated the amount. How can I be sure that this is the amount that was intended and that I will receive the money?

Answer:

You can contact the court where the will is filed to obtain a copy of it. Wills filed for probate become public documents. The executor is also required to file an accounting for the estate. You can call the clerk of courts at the relevant court to help you find the filed documents.

If the executor does not distribute the amount stated in the probate filings, you may have grounds to sue them for breach of fiduciary duty. An executor has a legal obligation to follow the wishes of the deceased and manage the estate's assets responsibly.

The elements of a breach of fiduciary duty claim include:

  1. A relationship where you trust the executor, and they have a duty to protect your interests.
  2. The executor fails to fulfill their duties.
  3. You suffer damages as a result.

Possible defenses the executor might raise include:

  1. Expiration of the statute of limitations for filing a claim.
  2. Lack of a fiduciary relationship.
  3. Lack of standing to sue.
  4. Approval of their actions after full disclosure.
  5. Business judgment rule, if their actions were in good faith for the estate's benefit.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A waiver of the right means that a person voluntarily relinquishes a legal right or claim. In the context of probate, it often refers to an individual agreeing to give up their right to receive notice about probate proceedings or to challenge the will. This can simplify the process but may limit one's ability to contest the will later.