Legal Question in Wills and Trusts in Pennsylvania

My family (5 children) signed waivers to release trustees from liability - form stated we received checks of approximately $5600.00 but we have not received the checks because the step-children have not signed their waivers. Must the trustees wait to distribute when the amounts to be distributed already are stated on the waiver? Pennsylvania residents.


Asked on 12/20/16, 5:22 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Generally, trustees may release pro rata amounts to those who have already signed waivers, but they may have reasons for delaying distributions. The trust documents and fiscal responsibility govern. Consult with an estates and trust lawyer in the county where the trust is sited.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 12/20/16, 7:57 pm

Even though you have signed the form, distribution is not usually made until the final estate accounting is confirmed (assuming that the estate is in PA) unless there is more than enough money in the estate to cover contingencies/claims. So I don't think the fact that the step-children not signing is holding up the distribution to your children.

However, you use the term "trustees." A trustee administers a trust. The trustee HAS to disburse money if the trust so provides and waivers are not needed. Personal representatives handle estate administration. Waivers/receipts/releases are used there. So you need to first figure out what you have. I suggest that you consult an estate and trust lawyer who practices in t he county/state where the estate is pending or the trust is being administered and find out if you have a trust or will/estate. If the former, you need to see the trust document and whether distributions are mandatory or permissive and within the trustees' discretion. If the latter, then beneficiaries do not need to sign releases. If they refuse for whatever reason, a final accounting must be filed with the court or clerk and served on the heirs/beneficiaries and they will have to object in writing. If they do object, the court or clerk hears the objections and decides, If there is no objection, then the account is confirmed and distribution occurs.

If there is a personal representative, you need to find out what the reason is for the holdup and see if any kind of early distribution can be made to your children if there are other sufficient assets. If it cannot be made then you need to find out when the final accounting will be filed and confirmed.

Read more
Answered on 12/20/16, 9:39 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania