does anyone know the legal term for

[witeout]

I can't afford an atty during my 13 and am hoping someone here can help me with a legal term.

I need the legal term for withdrawing from another persons (current or future) will and testament process. I do not know my bio family and I still get legally drug into their life and death matters. Sometimes I am forced to hire a notary just to say I have received a notification of some sort. I don't like paying for strangers affairs. Each time I am told that if I don't receive and get a notary that a sheriff will have to locate me and serve me :O It feels like drama from their graves and I am allergic to drama.

I am planning on sending a one time notice to these strangers that I want to "withdraw" from any future estate, will, testament, probate matters. But I can't find the proper legal terms on Google to do this? Does anyone know the term? Thanks in advance!!!!!!

PS I hope everyone had a good holiday and that their 13's are going smoothly! We are 3+ years now into ours

[LadyInTheRed]

Are you an heir or beneficiary? If so, the term you want is "disclaim". But, while in a Chap 13, you shouldn't disclaim any inheritance without talking to an attorney. Or, if you filed pro-se, tell your trustee about the inheritance before you do anything.

It's odd to me that you would have to notarize something to acknowledge service of a notice. Have you checked to make sure you are really required to do that?

[LadyInTheRed]

I did a quick google search and found copies of some probate notices in Georgia. The do say "All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the proceeding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file an an indigent party."

So, you would only need a notary if you are going to file a pleading or objection with the court.

[witeout]

I have spoken at length with the lawyer handling this and if I don't respond (via the notary signature) they will require a sheriff serve me to count as notice.

Would a good way to word this be : "I waive my rights to any inheritance and please do not contact me"? My understanding is that this letter only goes to the estate not the courts.

Basically in 1960's two teens, one 14, did not want to live in their homes anymore so they got pregnant with me but had no intention of parenting me. We don't know each other but in their deaths they demand that I know I am receiving nothing from their estates. It's just weird and I want to avoid this in the future. I'm also afraid they will start sending these to my children.

Does anyone know the legal term for withdrawing from their will, estate, probate issues? I have zero contact but would like to take that to a legal level to avoid these drama via the attorneys that I then have to PAY to process.

[AngelinaCat]

I am not sure of terminology at this point, but at one time I had a letter come to me from an attorney on behalf of a cousin who had just passed, asking if I had any 'interest' in any potential estate. I knew my cousin distantly, and knew that there really was nothing that I was entitled to come to me, so I send the letter back saying 'no'.

Now, having said that, it sounds like your parent has passed w/o a will. If that is so, then the law pertaining to how the state disperses the inheritance, if any, applies. And it looks like the state knows that you are a son or daughter, therefore, you are a 'natural heir'.

I believe that you can write the court and site the letter or notice that you have gotten pertaining to this inheritance, and state that you are not interested in being a party to this disbursement, and that with this notice (your letter) that you "are declining any interest here and now or in the future regarding this matter". That is the way I would word it. But you need to check with an attorney for you local court rules.

Hopefully, Des, or one of our other attorney friends will happen by and offer a comment.

[witeout]

I explained more in my last post. There was a will and an estate.
Though I'm concerned about future contact with this family not so much this event.
I need a legal "don't contact me" letter for future issues etc.

[LadyInTheRed]

Again, the term you want is "disclaimer". The requirements of a disclaimer depend on state law. Search the probate code of the state where the estate is being administered to find out how to properly disclaim any right to the estate.

But, a disclaimer of your rights to an inheritance does not relieve the requirement that you be given notice of the administration of your parents' estates. As an heir-at-law, state law probably requires you be given notice. It is not your birth parents who wanted you to be notified. The executors of their estates are required to give you notice so that you have an opportunity to contest the Will if you think you have grounds.

What is the title of the document they say you have to have notarized? Is there reference to a law you can research?

[witeout]

I don't believe there is a title to the letter? It basically just tells me what to do and attaches the copy of the will. The problem is these folks use their wills to exclude 99% of the people on their lives and with the wording to back it up. I HATE reading that garbage. Who cares if person A B C D E F G get nothing and everything is going to my beloved niece Z. I don't care or want to know. I feel like I am being forced to watch a Jerry Springer soap opera.

So just to be clear if I live in a "notify" state then there is no avoiding these copies of the will then? Uh.......Wish they could notify and not attach all the personal details. I also can't believe disinherited stranger family members have to hire a notary $$ to deal with this. It feels like an abuse of the system.

Thanks again everyone. I was hoping there was so way to avoid these in the future with a legal document that would satisfy the state.

[justbroke]

It's not so much an abuse of the system. Notification is very important in the legal context. Someone "could" claim that they in fact had a claim to some property of the decedent's estate, but was not notified. That causes all sorts of issues in the future. Even a will can be contested and probate is where you learn how much your family actually "loves" one another! (Been there, done that!)

[goon]

If you really don't want to mess with the notary then just let them serve you if there is anything more that comes of it. All that means is that a processes server (could be a sheriffs deputy or someone else) will knock on your door, ask if it is you, and then hand you the piece of paper. No cost to you, and answering the door is less trouble than going to a notary.

Doesn't affect you in any negative way other than having to answer your door, somebody isn't going to be following you or tracking you down or anything, they will just knock on your door at a time when they expect you to be home, ask if it is you, hand you the paper, then you are done, no notary required.

They may make it sound worse in the paper that they send, but that is simply because they want you to go to the notary so that they don't have to incur the cost of process service. Don't let them get away with it, make them foot the bill.

[tobee43]

there is nothing missing here? you must have signed some type of agreement prior to rec'ing all these documents pertaining to someone else's affairs?

are you the trustee of an estate? if you are an heir or beneficiary of someone's estate then you should have had proper notice by now. and heirs and beneficiaries are usually just that, and although, all copies of written documents you would rec copies of, however, not in charge of taking care of the legal matters unless there was assignment of some sort at a prior time.

you must have agreed to do this at some point... you can always resign your postition. however, it must be drawn up by an atty and then filed and put on record. if it were me, i would just go to the atty who drew up the will and tell them i want out, i'm resigning.

you really need to check your records, as you just don't become the "go to" person accidently. again, these things have to be assigned and you just can't legally get them in the mail unless you agreed to accept this responsibility at some point of time?

[goon]

They are mentioned in the will, whoever is administering the will is legally required to notify all parties listed in the will. They are not actually assigning any responsibilities, (in fact quite the contrary it sounds as if the will specifically states that this person gets nothing). but because they are in the will they have to be notified by the administrator of the will. It sounds like in their state this can be accomplished by a notarized reply acknowledging receipt of the documents, or by legal service.

In theory anyone can mention anyone in their will, they typically do not have to get any kind of approval. And the executor of the will is typically required to notify anyone that is mentioned in the will.

[tobee43]

while each state is different, the OP still had to accept the responsibility at some point whether mentioned in the actual will or not, is really my point. also, in most situations like this, the person who is asked to oversee such a situation does sign a letter of accepting this type of responsibility in most cases, since all of this must be recorded legally.

someone cannot simply just say in their will; the guy down the street is in charge, if that guy doesn't want to be in charge or over see the estate. let me re- phase that, they can, however the guy down the street does not or is not required by law to accept the task if they don't want to. they can get out of it. it's not typical to have to notify someone who is mentioned in the will as executor, it's the actual law and many times these estates are complicated and require hours days and even years of work. most times the executor must carry a type of extremely costly insurance to cover them for possible problems that could arise. the other fact is the executor is entitled to be rein-bursts for any and all expenses related to any monies put out for or on the estates behalf. additionally, in many cases, even time is chargeable to the estate for work done. accountability is extremely important and the position is in fact, should not be taken lightly. however, again, the OP can resign that position.

[goon]

I could be missing something, but from what read the OP has not been name executor of the will. The OP has just been mentioned in the will that the OP will get nothing.

What the OP is complaining about having to respond to the executor acknowledging that they received the copy of the will saying that they get nothing. And they are looking for a way to prevent the executor of the will (or any future will from that family) from contacting them (and making them acknowledge contact) for nothing.

I agree that being named executor is a whole different ball game, but I don't think that that is what is going on with the OP at all from the posts above.

[tobee43]

I could be missing something, but from what read the OP has not been name executor of the will. The OP has just been mentioned in the will that the OP will get nothing.

What the OP is complaining about having to respond to the executor acknowledging that they received the copy of the will saying that they get nothing. And they are looking for a way to prevent the executor of the will (or any future will from that family) from contacting them (and making them acknowledge contact) for nothing.

I agree that being named executor is a whole different ball game, but I don't think that that is what is going on with the OP at all from the posts above.

that could be. i haven't seen the will, but to mention someone is usually not a reason to send them everything and require a response. however, again it could vary state to state, but it really sounds like something is missing here.

the only estates i have worked on are in calif, ny, nj, florida, sc, nc...and a few more, i have yet to see someone that may have been named but not a beneficiary having to be notified and having to respond over and over. again, i don't know how the OP was named or for what reason. i have seen so many of these things but rarely seen one that just mentions someone that either included or excluded for reasons, other than one or two i have seen, that thank people for this or that, but they usually just get the initial copy of the will and that's it.