Legal Question in Wills and Trusts in Georgia

My mother's estate in PA is being finalized and we have received the final accounting which details the final disbursements. In addition to a document that I signed saying I received and agree with the final accounting, I have also been asked to sign a document saying that I have received my disbursement, which I have not. I called the attorney and he said because I live in a different state (GA), he will need this document signed first and then the final check can be distributed. I am not comfortable signing this.


Asked on 7/22/14, 7:44 am

1 Answer from Attorneys

You will not receive the disbursement until after the accounting is confirmed by the court. Your choice is to sign or not sign. If you don't want to sign, then don't. You will not get money any faster by not signing.

Receipts and releases are used in all estates. They have to be presented to the court with the accounting. Having them will "streamline" the accounting process by making it smoother. However, if you refuse to sign there will be an hearing before the court - either the judge or the clerk depending on the county. After the confirmation of the accounting, then the final distribution of assets will be made.

Of more importance is the proposed final accounting. Do you have objections to it or not? If you do, then you need to get a probate lawyer who practices in the county in PA where the estate is pending to file written objections. The time period is very short for objecting - you only get 10 days.

If you have no objections then I don't understand your refusal to sign the receipt and release. All you are doing is making the process more complicated and burdensome and possibly causing more expense to the estate and less money for the beneficiaries. If you have questions, then pay a PA-licensed attorney to review the forms and discuss your objections with you.

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Answered on 7/22/14, 10:40 pm


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