Why would I need to sign a form and have it notarized for my brother to file my Mom’s Will at the courthouse?

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Why would I need to sign a form and have it notarized for my brother to file my Mom’s Will at the courthouse?

My brother is Executor/POA of my mom’s estate. My younger brother and I think that he is trying to cheat us out of our inheritance and not do what is in the Will. It states that all assets are to be sold and divided among the living children. He’s already taken the car to his house, the day before her funeral. He says he is sending me a form to sign and get notarized and send back to him so that he can file the Will in probate court. This seems “fishy” to me.

Asked on February 9, 2011 under Estate Planning, North Carolina

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  There are many forms that you will have to sign during the course of the Probate and more that will be filed during the course of the Probate that the Court will require.  Some to allow your brother to be appointed as the Executor of the Will, which is what yu may be getting in the mail.   It is probably a waiver to allow him to be appointed.  But I think that the best thing for you to do is to wait and see what you are getting served with and then to speak with an attorney on your behalf to review the documents and let you know what is going on, especially if you do not trust your brother.  It may be money well spent for your peace of mind.  Good luck.


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