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Lawyer will not distribute funds from estate

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TopherG2504

Guest
What is the name of your state? Massachusettsundefined

I am due to receive a one quarter share of the estate of my grandfather, who died 3 years ago (my late father willed me his share), estate. The lawyer handling the distribution sent me a form that states that I agree to indemnify the executor and hold him harmless in his capacity of executor before she will distribute the checks to the heirs. She is also requiring that all the releases be signed and returned to her, before anyone will receive their checks. This does not sound legal to me. What is my recourse, if any?
 


Dandy Don

Senior Member
It IS legal to have this legal "gobbledygook" language there--it's just a small form of protection for the executor--sometimes a beneficiary may see something in the estate that he/she doesn't agree with and automatically wants to sue the executor without getting an explanation first, so it's just a minor precaution that really doesn't mean much.

If you do find out later by examining the probate file that something illegal or improper has occurred, you can still file an action to recover any monies that may have been stolen or misappropriated, but until you have reason to believe that something is wrong, assume that the estate is being handled correctly, and it's okay to go ahead and sign.

DANDY DON IN OKLAHOMA ([email protected])
 
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TopherG2504

Guest
Massachusetts - Ok, it is "legal" to add in this legal "gobbolygook", but why
should I have to wait to all (11) heirs return their releases before I receive my check. The first line on the form states that "I, my name. hereby acknowledge receipt of the distribution of property of the estate to
which I am entitled as a heir of this estate, but I have received no check
Shouldn't I be given the check before signing this release??
 

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