Legal Question in Wills and Trusts in Florida

Received a form that is titled Joinder, Waiver & Consent. It is talking about Petition for Summary Administration & Petition to Determine Homestead Status of Real Property... Friend died, had a will, included me in will as recipient of a life insurance policy but didn't change Designated with life insurance company directly, so I didn't receive anything. He didn't have much else but house which he left to his brother. Brother is having problems getting it in his name as the will was never filed by Executor. Is this form going to make me financially responsible if I sign it or am I just signing off to the fact that friend left house to brother and I have no disagreement with that fact? Would like to get this behind me.


Asked on 8/22/14, 6:32 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The forms wont make you financially responsible for anything. It likely wont affect the life insurance policy either even if that was payable to the Estate. The will would control the distributions. I would suggest you know what you are signing before you sign them. You need to have them reviewed by an attorney or explained by whomever sent them to you.

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Answered on 8/22/14, 6:51 am
William Gwaltney William W. Gwaltney, Attorneys at Law

The title of the document does not give anyone enough information about the situation you are in. A review of the document and the probate would be necessary to give an adequate response. You should consult with an attorney about this situation, especially if you believe that you are entitled to a portion of the Estate. You should also do this soon, because failure to sign could be deemed an acceptance of the terms.

With that said, there are very few situations where a beneficiary of an estate becomes personally financially liable.

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Answered on 8/25/14, 8:56 am


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