Legal Question in Wills and Trusts in Tennessee

Re: Intent

You should not sign anything until you have a clear understanding of the situation. Your brother and his lawyer are not involved to protect you. Have a lawyer (your's, not his) look at the Will and the probate file prior to making any decision. You have no reason to waive any part of the estate. The best way to know your Aunt's intent is to read the Will; that's why we go to the trouble to draft them and have them witnessed.

The Life Insurance transfers to you outside of the Will and is completely independent from the Will.

Take an hour of your time and get a lawyer to look at this for you. Having done this for a while, I will tell you that your siblings are going to be upset with you no matter what you decide. They are not considering your best interest, only what they can get and how to cut the pie into bigger pieces.

Best of luck.

Call or email if you have any questions.

Re: Intent

I have never heard of a lawyer asking for a waiver such as this. You are being put on a guilt trip. Receive the insurance proceeds and have the Will probated so that the probate court can determine the rights of the beneficiaries under the Will. Insurance money is not part of probate so unless you exerted some type of undue influence over your aunt (which it does not sound like), the insurance money should be yours free and clear of anyone else's claim.

Re: Intent

The "intent" of your Aunt is only demonstrated by the will. Life insurance proceeds are not property of her estate. They are the beneficiary's property - in this case you. If your Aunt put you in her will you are entitled to receive your fair share of the proceeds. Thus do not sign anything, but spend a little money and hire a lawyer.

Sterling L. DeRamus

Re: Intent

If you are named in her will, then you are entitled to take from her estate, as well as the life insurance policy. It might be different if your aunt had said, "I'm leaving to Fred my life insurance policy in the amount of $?,???" but that does not appear to be the case in your situation. My advice would be to NOT sign any release, unless you just want to give up what you aunt wanted you to have. There is NO motive for you to sign it.....you don't get anything for signing!!!!!!