Can I rescind a waiver of my position as heir to my husband’s estate?

Dear Ms. Allison: How can we ask the court to revive my position as heir to my deceased husband’s estate? Is this even possible? I signed a waiver so the estate could go directly to three children equally. Now that there is greed – two siblings against one, and I was misinformed about signing the waiver, I want to rescind the signed waiver and restore my right as heir to my husband’s deceased estate. Please help in any way you can. Thank you! Anonymous, Oklahoma

Dear Anonymous:

A lot depends on how long ago you signed the waiver. If the probate is not over yet, run to see a lawyer from your state who specializes in estates.

There are time limits for this that depend on how far along in the process the probate has gone. There are documents you must produce. Take every piece of paper you have on this matter with you, the papers you signed, any documents from your husband’s plans, materials from the probate, anything you were given that explained how signing the waiver would work to complete the goal. You may have to give evidence as to your deceased husband’s original intentions. You may need to prove that you were misinformed and did not just misunderstand correct information.

You need a lawyer licensed in Oklahoma who has many years of practice in court practicing estate matters like probate and estate litigation (lawsuits). The lawyer should have a wide range of experience and certainly experience in your specific matter. You may pay more per hour for this lawyer’s knowledge but it will be far less than you would have to pay for an inexpensive, inexperienced lawyer to do the research and assure you the actions taken would not make a further mess of your situation.

Make an appointment with this lawyer as soon as you are able.

That’s your question, Asked and Answered. My best to you,

Gale Allison

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