If my dad died without a Will almost 2 years ago and now my mom wants my sister and I to sign away our rights, should we?

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If my dad died without a Will almost 2 years ago and now my mom wants my sister and I to sign away our rights, should we?

My mom has been very secretive about everything she already received from workman’s comp and has mishandled all of the money. She is saying she needs his name taken off the house to get new insurance and can’t do it without us signing the document. They had a lot of debt and I know he only had a few company shares and a small 401K. Still I am nervous about signing because she won’t tell me anything and I don’t trust her. What should we do?

Asked on July 9, 2012 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  This is not an wasy question to give guidance on and more information is needed here.  You need to discuss the matter with some one who can look at the entire picture and let you know what is going on.  Was a probate filed?  You can start by looking it up in court.  Otherwise understand that you may be giving up your right to inherit from the estate and that may not be some thing you wish to do.  They could take his name off the house and put your on if that is the case.  Good luck.


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