Legal Question in Wills and Trusts in Pennsylvania

Splurge enter some details. Like what form did you sign? Who has these funds?

Why should you be getting the funds?

Despite what you heard Hogwarts hasn't opened a law school.

{John}

I agree with Attorney Davidson. I did not go to the Psychic Friends School of Law and my law degree does not confer upon me any magic or psychic powers to allow me to engage in remote review of the document you received and are being asked to sign. This forum is not a substitute for real review by an attorney.

Neverthless, I am going out on a limb here - did you receive something called a "receipt and release" from the executor of an estate or the executor's attorney?

If that is what you received, know that it is commonplace. Executors have to submit a final accounting to the court and get it officially approved before they can be discharged. As part of the final accounting, the executor must attach signed releases indicating that the beneficiary will get the money or property conferred by the will (or intestacy law) upon confirmation of the final account.

The releases usually contain standard language obligating the beneficiary to return any funds or property in the event that there is a shortfall in the estate. And these are needed because any pre-confirmation distribution is made at risk to the executor. If a distribution is improper or there is a shortfall in the estate (this could happen if there were additional taxes owed or an unexpected claim that had to be paid) the executor does not want to be personally liable for this.

So if you received something like this from the executor's attorney, it probably would be ok to sign and you would receive your distribution upon final confirmation. I cannot imagine why an attorney would file papers indicating that you were to receive something and not deliver it.

However, if there is no attorney involved, I would be leery about signing anything until it is reviewed by an attorney.

Or you could choose not to sign at all. In such case the executor would have to serve you with notice of filing of the final accounting. You would then have time to review and file objections (any objections have to be filed in 10 days). You would then show up at the confirmation hearing and argue the objections if any. If the account is confirmed (after disposing of any objections) then distribution is made. Again, I do not know of any reason why the distribution would not be as per the accounting.

Regardless of whether you sign now or don't sign at all, if the other party did not comply, that defect would be remedied by you getting a lawyer and filing a petition in the court.

However, all of this is idle speculation. You need to take that form to an attorney who practices in the county/state where any legal matter is pending. Since you have labeled your question as a probate, trusts, wills & estate matter, I am assuming that there is a pending estate. If that is the case, then you will need a probate lawyer.