If I’m an heir to an estate and have been asked to sign a letter agreeing to another heir buying the deceased’s house, is it usual to also be asked to waive my right to be notified of the hearing on this matter?

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If I’m an heir to an estate and have been asked to sign a letter agreeing to another heir buying the deceased’s house, is it usual to also be asked to waive my right to be notified of the hearing on this matter?

I might be willing to agree to the sale but it concerns me to be asked to waive my notice of the hearing.

Asked on August 6, 2016 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is unusual to waive your right to notice of the hearing: by giving up the right to notice, you effectively give up your right to object if you later have concerns, to possibly be questioned by the judge to make sure that everything is on the up-and-up before it approved, or to potentially hear other objects presented by other parties at the hearing, which may cause you to realize that something was improper. There is no reason why someone presenting a fair, honest offer would object to you being noticed of the hearing, since simply getting notice does not in any way guaranty that you will raise concerns or cause problems--it simply makes sure you're aware of the date and venue review and ratification of the transaction.


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