Wht are our rights, if my siblings and I are the heirs to my late aunt’s estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wht are our rights, if my siblings and I are the heirs to my late aunt’s estate?
She died 2 years ago. Our second cousin had been asked by her to be the executor of her estate. His attorney is requiring us to sign a statement saying we had received a check for our share and releasing him from his duties prior to him sending the checks. He claims this is a common practice but it seems wrong to us to sign something saying we had received a check we did not receive. He claims this is similar to an accident with property damage where you’re asked to sign and return to the insurance carrier a release prior to receiving a settlement check. Should we sign the releases or demand the check first?
Asked on January 3, 2013 under Estate Planning, Georgia
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
You are correct to question this practice. I know that personal injury attorneys do act this way, but in 30 years I always declined to do it. Probate attorneys may also follow such a practice, but I do not. I would demand the check first. If the attorney is not willing to issue the check or wait until the executor issues the check, I would contact the Probate court and ask what to do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.