Legal Question in Wills and Trusts in Arizona
Estate Distribution - Informal Probate
Should the beneficiaries have to sign a waiver of liability for the personal representative and her attorney prior to receiving any distribution from an estate? They want to give a small distribution leaving a large amount in the estate account but are refusing to distribute any monies until we sign releasing them from all claims and liability. The estate is not yet closed and this is not a final distribution. Attorney bills forthcoming...
1 Answer from Attorneys
Re: Estate Distribution - Informal Probate
No, if the personal representative has done nothing wrong, why should you sign a waiver. You can take action in probate court to cause the distribution to the heirs to be done properly, per the court's order. Distribution does not generally take place until the bills are paid, taxes are paid and the accounting to the court is approved.
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