What to do about a waiver of citation?

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What to do about a waiver of citation?

My father remarried 3 years ago and passed away a year later. His “wife” had her lawyer send me a letter in the mail asking to me to sign over my administrative rights; I did not sign it. Then 3 months later, her lawyer sent me another letter (after repeatable request for documentation as of to what all she was trying to do). The letter was a “Waiver of Citation – Acceptance of Service”. I’m not sure what I should do. Do I need to get my own lawyer?

Asked on May 14, 2012 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

A waiver of citation is when a plaintiff is asking you to waive personal service in a lawsuit.  Sometimes waivers only result in a waiver of service--- this means that a process server does not have to come and hand you a personal notice of a lawsuit.  Some waivers are more extensive.  Not only does a person waive service, they also end up waiving any future notice of hearings and outcome.  This means that his wife can go forward without involving you any further.  This may or may not be a good thing.  If you do not appear to assert your rights or interests, then the court will have to follow his wife's requests.  It sounds like your father's estate is in probate.  Before you sign anything, consult with a probate attorney and have them at least review the waiver before you sign away any extra rights or interests.


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