Question: In the state of Georgia, if a beneficiary never signs the paperwork needed to carry out a change in executors, can they lose their inheritance?
The executor of an estate has been changed (the alternate executor appointed by the Will took over) but I never signed and sent back the paper that was sent to me regarding the change. Can the executor give my inheritance to another beneficiary? Did I forfeit it by not signing?
Loraine’s Answer: It is highly unlikely that your having failed to sign a document that was given to you in connection with a change of executors would cause you to forfeit an inheritance or lose your rights to benefit under a Will. A failure to sign probate court paperwork does not normally change the terms of a Will, and it would be unusual for that kind of thing to trigger a no-contest clause or any other kind of provision that is designed to give beneficiaries an incentive not to try to challenge the Will. Failing to sign probate court paperwork with regard to an estate can negatively affect the size of your inheritance in some situations, if your lack of action means that the estate has to take additional steps and spend more time and money in order to accomplish the desired result without your signature, but it probably won’t cause you to forfeit the right to benefit under the Will.
That said, without being able to see exactly what you were sent, it’s not possible for me to determine what the effect of your not signing the document would have been. In general, if you are concerned about the effect of either signing or not signing a document that is presented to you in connection with an estate or a trust, you really should hire an experienced probate attorney in the relevant jurisdiction and ask the attorney to review the document for you.
Key Estate Planning Takeaways: While in most cases, simply failing to sign probate-related paperwork will not affect a beneficiary’s right to receive an inheritance under the Will, it’s a much better idea to first have the document reviewed by your own probate attorney, so you understand what you’re being asked to sign and what the potential impact of signing it will be. You can then take appropriate action or not with knowledge of what the result of that action or lack of action should be.
This “Q&A with Loraine” blog series is inspired by answers from Morgan + DiSalvo Partner Loraine DiSalvo to actual user questions posted by individuals on www.avvo.com. This blog is a more in-depth response than can be given on their site under their character limits for answers. To view the original question and Loraine’s original response, click here.
