QUESTION
What can I do if one of the beneficiaries named in the will, even though they have received what was given to them by the will, wil not sign off
Asked on Apr 04th, 2012 on Wills and Probate - Tennessee
More details to this question:
my brother was given 2 pieces oif property several years back, my father told him this was his inheritance, in my fathers will, he left my brother $1000 and stated in the will that he had already given him his property and his other property was to be given 50 /50 to my sister and I. The will is in probate, as executor of his will I have made sure that everythin g has been taken care of and am ready to close the probate, was told I had to get signatures from everyone stated in te will that they have received what was stated in the will, my brother has received his money but says that he won''t sign the paper because he wants the house that my father left my sister and I, what are my options now to be able to close this out? Thank you.
1 ANSWER
Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK
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Gale Allison, PLLC
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Tell your brother that neither you, nor the judge can change the terms of your father's Will. Explain that your brother's unwillingness to sign his receipt simply makes the process drag out and costs money.
If he continues to refuse to sign the receipt, then present the canceled $1000 check to the judge and explain the situation. The judge can then decide what to do.
Your brother cannot make anything happen simply because he is unhappy with your father's Will.
To your Success,
Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Apr 25th, 2012 at 4:40 PM