Waiver

[Lilsis]

What is the name of your state? Alabama

My mother's estate hopefully will be settled soon. However, the lawyer in charge of the estate sent me a letter telling me in order for the distribution of the estate to be allowed, I had to first sign a waiver. This waiver states that I acknowledge receipt in full of all property due from the estate. It also says I waive filing of an account or any vouchers in this final settlement and I relieve my brother of any liability as executor.

Perhaps I am just ignorant of the law but as I read it, this letter is saying that I have already received money that I really have not received and no matter what happens, I have no legal recourse upon signing this document. I feel that the wording of the lawyer's letter and the document itself were designed to make me sign it or else I would have to take the matter to court if I wanted to receive my money.

My question is this:
Is a waiver really required by law to be signed before the estate can be distributed? If it is, why do I have to sign for something that has not happened?

 

[seniorjudge]

What is the name of your state? Alabama

My mother's estate hopefully will be settled soon. However, the lawyer in charge of the estate sent me a letter telling me in order for the distribution of the estate to be allowed, I had to first sign a waiver. This waiver states that I acknowledge receipt in full of all property due from the estate. It also says I waive filing of an account or any vouchers in this final settlement and I relieve my brother of any liability as executor.

Perhaps I am just ignorant of the law but as I read it, this letter is saying that I have already received money that I really have not received and no matter what happens, I have no legal recourse upon signing this document. I feel that the wording of the lawyer's letter and the document itself were designed to make me sign it or else I would have to take the matter to court if I wanted to receive my money.

My question is this:
Is a waiver really required by law to be signed before the estate can be distributed? If it is, why do I have to sign for something that has not happened?

https://forum.freeadvice.com/showthread.php?t=323474

Obviously do not sign anything that is not 100% clear to you.

 

[Lilsis]

That is good advice but do you have an answer to my question?

My question is this:
Is a waiver really required by law to be signed before the estate can be distributed? If it is, why do I have to sign for something that has not happened?

 

[seniorjudge]

That is good advice but do you have an answer to my question?

My question is this:
Is a waiver really required by law to be signed before the estate can be distributed? If it is, why do I have to sign for something that has not happened?

Q: Is a waiver really required by law to be signed before the estate can be distributed?

A: Yes.


Q: If it is, why do I have to sign for something that has not happened?

A: Don't sign it till it has happened.

 

[Lilsis]

My State: Alabama

Okay, the answers are contradictory. If I have to sign a waiver before an estate can be distributed then how can I wait to sign it until the money is received?

 

[seniorjudge]

My State: Alabama

Okay, the answers are contradictory. If I have to sign a waiver before an estate can be distributed then how can I wait to sign it until the money is received?

You get the stuff.

You sign the waiver.

 

[Lilsis]

Thanks, that is what I thought should be done. You have been a great help.

 

[gravenimage]

You get the stuff.

You sign the waiver.

This strategy is not working for me...

The other benificiaries who signed have received their checks , but six months later I have not received mine. The PR's attorney says I will not be paid until I sign and return it. Will I receive my check even if I dont sign it? What will happen?

 

[Dandy Don]

Sign it and you will get your check. If there are any problems afterward you can consult with an attorney to figure out what to do next. If the other beneficiaries have not had any complaints, it is not very likely that you will have problems with this.

DANDY DON IN OKLAHOMA ([email protected])

 

[lwpat]

SJ should have added simultaneously. Usually you go to the attorney's office, sign and he hands you the check. You can ask for an accounting prior to signing if you feel the amount is not correct.

 

[gravenimage]

Thanks so much for clarifying this for me...the attorney is 2000 miles away from me so its not practical for me to go to his office. Now it makes sense to me.

Anyway thank you again you have all been very helpful and I greatly appreciate it.