Darren Findling of The Probate Pro discusses the process of consenting and waiving various probate matters with a Waiver and Consent.
(833) PROBATE
[ Ссылка ]
Facebook: [ Ссылка ]
LinkedIn: [ Ссылка ]
Instagram: [ Ссылка ]
Twitter: [ Ссылка ]
_________________________________________________________________
Addresses:
Michigan Office:
414 W. Fifth Street
Royal Oak, Michigan 48067
Illinois Office:
1525 East 53rd Street, Ste 439
Chicago, Illinois 60615
Florida Office:
941 West Morse Blvd., Suite 100
Winter Park, Florida 32789
Please Call - (833) PROBATE
_________________________________________________________________
Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.
The Waiver. Hi, I’m Darren Findling of The Probate Pro. We're going to cover the SCAO form PC561. This form SCAO-- state court administrative office. PC for probate court. 561, it's the form number. You're welcome to contact my office we'd be happy to give you one free of charge this form is created by various statutes and court rules like all of the scale forms if you look at the bottom right corner of these forms it tells you the form as well as on the bottom right corner the statute or any court rules that are relevant to the form with all of these forms we strongly urge you to be working with a skilled competent probate lawyer to understand how to fill it out to understand when to use it and when not to use it and to understand the nuances because this particular form can be used in a variety of contexts it can be used in a guardianship conservatorship to cease to say trust file can be used in various forms so to understand when to use it is really critical now the idea of a waiver and a consent it's kind of intuitive you're waving your rights you're consenting to something so the idea is anytime that you are consenting to something that's being requested or waiving your right this would be the form that you'd be considering to use now as I mentioned the statute 700.4 or 1402 provides that except is provided in a very particular circumstance a person including a guardian headlight and conservator or other fiduciary can consent to notice of the granting of a petition a petition is a request of the court to do something so for example if somebody files a petition for sale of real estate and you agree you can consent if somebody files a request of the court to do something and you simply say I’m waiving my rights as it relates to it you can fill out the waiver and consent form and when you fill this out it is uh giving the court an understanding that although you may not be pers appearing at the court hearing you may not be uh filing anything with the court you are asserting to the court that you agree or consent to that which is being requested now I mentioned that there are certain circumstances where it's not permissible so one this is not the form that you use when you're doing an application for informal probate if you're consenting that form is a renunciation of your right to serve as personal representative so you don't use a waiver and consent in an application for informal probate process you also if often people will get confused that they say well I’m in a family situation and i had one of my family members consent to my appointment as personal representative that does not mean that you're giving up your rights to receive your inheritance so often people will say well Darren they signed a consent and I said yes they sent a consent to being the personal representative not to release their interests or their rights to receive their interest in the home but rather consenting to the appointment of the personal representative in addition under a guardianship context the ward or protected individual cannot waive notice so there is no um release or waiver in that particular situation so there is still a requirement to serve and give notice uh to ensure that those people are protected so let's walk our way through this particular form and when it may be used and I mentioned also the court rule 5.104 that is the general court rule that also addresses service and who may not wave and it speaks about a legally comp I’m sorry who may consent a legally
