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My sister is the Executor of our Dad’s estate. She has done a very poor job in being transparent. There is an IRS check, a refund on a credit card and another state check that has to be reissued because it expired before it was cashed. My question is the her attorney is pressing me to sign a court document saying Receipt of Final Resolution. Before my check is released.. I would sign with the understanding that money being held by the State of California’s Controller’s office would be dispersed within 6 months. The attorney agreed in a letter to me but it’s not on the document that would be filed in court. I’m uncomfortable with that. I feel once I sign off . My sister won’t pursue money being held by the state. Stocks/Bonds , income tax return , credit card refund. This has dragged on 5 1/2 years. Can I ask for the check being held and not sign Final Resolution until all money collected
3 ANSWERS
2 Awards
Final means final. Don't sign before it is.
Answered on May 19th, 2021 at 9:03 AM
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The easiest solution to your problem is to go to the lawyer's office and exchange your signature for teh check.
Answered on May 19th, 2021 at 6:37 AM
4 Awards
Without being able to see exactly what you are being asked to sign, it is impossible for anyone to tell you what you can or should do. However, in general, it sounds like you may be being asked to sign something that would release your sister of her duties as executor- if that is the case, please note that you generally should not even be ASKED to sign a release document with regard to an estate before you have received your estimated final distribution. Only AFTER you have received all that you are expected to receive from an estate should you be willing to sign anything that releases the executor from liability and future responsibility.
In order to make sure that you know what you are being asked to sign and what its effect may be, you need to have an attorney review it. Find an attorney who is experienced with probate matters in the state where the estate is being handled, and have that attorney give you a consultation. Best wishes to you.
Answered on May 19th, 2021 at 5:09 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.