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Executor will not give me the final distribution.

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anewalias

Junior Member
What is the name of your state (only U.S. law)? DC

So the estate is ready to be put to bed and a final distribution is ready for me to collect. Good, right?

Not so fast. The Executor wants me to sign a letter that says (abridged for time):
-I approve of all the actions of the executor, and accept the account I have been given as final.
-All accountings given to me have been amazing, and the executor (and all who worked with him) did exemplary work.
-I'm OK with what I've been (and will be) given.
-Any unknown claims made against the estate and/or personal representitive are now my problem.

My problems with signing this letter are many. Here are a few of my concerns:
-The executor has kept me in the dark about many details of the estate, even admitting in writing that he has been remiss in keeping me informed.
-As much as the numbers in the accountings may be correct, there are many more details to the estate that have not seemed to have been handled properly (the sale of a business was handled very poorly, and certain claims by a broker turned out to be patently false when investigated).
-The executor will not give me the distribution until I sign the letter, but at the same time has failed to give me a concrete reason why I have to sign it aside from "because I say so," and "if you want your money, you'll sign."

For me, this is more than throwing my heavy suspicions back at the executor. The real problem here is signing a document I KNOW is not true. I guess my real questions are:

-Do I legally have to sign a letter like this?
-If I do have to sign some sort of release for the executor, is their a way I can have some input?
-Can the executor deny me my inheritance if I refuse to sign.

Any help will be appreciated.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
tell the guy to give you your money.

In most cases, it would be impossible for an heir to give a rating for the exec as they are not generally privy to all of what the exec has done. As such, it would be improper to sign such a blanket release, especially if it puts you into a position of liability.
 

anewalias

Junior Member
I talked to the executor and the other lawyer involved and they pretty much told me that if I am not satisfied with the accounting and how the estate was overseen, that they legally could not give me the money. I do not believe this.

I am now in the process of finding a lawyer, but no luck so far.
 

Willnysc

Junior Member
My expertise is in NYS probate, but many states operate in a similar fashion. In NYS there is a similar form called a receipt and release. The executor has the legatee sign this to free them from further obligation. If you don't sign it the fiduciary can withhold funds, but should make attempt to resolve with you. If no resolution then the fiduciary can commence a judicial accounting, where they petition the court and account for all estate assets and request permission to distribute. If the court is satisfied, and there are no objections to the accounting, then the fiduciary can distributee as per the courts decree, without obtaining receipts and releases. If the fiduciary does not commence a judicial accounting, then in NYS you can commence a compulsary accounting, where you petition the court to have fiduciary account for the estate assets.
 

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