My dad passed away recently, without a will, what rights will his personal representative have?

We have to go through probate for his property. My sister wants me to sign papers making her the uncontested representative of his estate. If I sign these papers, does that give her all rights to do with is property what she wants or do I still have a say in what is done with the property?

Asked on August 11, 2015 under Estate Planning, Utah

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Without seeing the actual document that she is requesting you to sign.. no one can really advise you what the effect of you signing the document would be. 

With that in mind, being an executor of an estate doesn't mean that the executor gets everything.  It just means the person will be authorized to dispose of the estate consistent with the probate laws in your estate.  However, if there is something in particular that is important to you, the executor will make the decision on how it will be gifted... not you. 

Before you sign anything, make sure that you take the document to an attorney and have them review it to make sure that you are not giving away your right to inherit through the estate.


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