Legal Question in Wills and Trusts in Arizona
Receipt for Distribution/Release/Discharge+More BEFORE $ Received
INFORMAL PROBATE proceeding in AZ;Exec/PR in VA,her Atty in AZ;2 yrs since death. Son is sole beneficiary, looked as if finally the distribution was coming (has received nothing so far).Instead of dist.$ he received a doc from PR Atty asking to sign, attesting to 1)receipt of $(amount left blank) 2)that it is the full amount he's entitled to 3)release of PR from ''further liabilities or accountability in connection with admin of estate''4)consent to discharge of PR 5) waive notice of further filings and proceedings. Letter says ''upon receipt we will forward the original check to you.'' A COPY of a check was included...not certified, either. Is any part of this request ''right''? Should the doc be executed as is with faith that a check will follow AND be good funds? - Should you provide a receipt for $ not received? Can the ben. rightfully request cert. check? -What is fair/''right'' to release PR from? - Why should Ben. waive notice of futher filings,like closing of estate? Can/should the Ben. write the PR's atty and ask for the distribution in certified funds FIRST, and agree to return a receipt then? Should he instead file an objection directly with the court asking for an order for immediate distribution?
2 Answers from Attorneys
Re: Receipt for Distribution/Release/Discharge+More BEFORE $ Received
The beneficiary has the right to obtain and review an inventory and an accounting of all assets, income, attorney and PR fees, costs, expenses and taxes paid. I would not recommend that the beneficiary acknowledge receipt of anything he/she has not received or that the beneficiary agrees that what is being offered is the amount the beneficiary should receive, nor would I recommend waiver of any further notice or receipt of documents filed with the Court that the beneficiary should receive and review. It appears that there is nothing now to object to, however, because of the manner that the beneficiary was approached and asked to waive rights without any information, it would be appropriate to demand copies of all documents filed with the Court, an inventory and an accounting. The failure or refusal of the PR to provide same should be followed by an appropriate motion to the Court, perhaps including the appointment of a new PR and for sanctions against the original PR. The beneficiary does not have a right to demand distribution until all requirements to close the estate have been met.
Re: Receipt for Distribution/Release/Discharge+More BEFORE $ Received
Should the same problem arise in Maryland then a motion for an inventory needs to be filed.
Certain costs, including attorney's costs, are controlled by Maryland statute. My rates for preparing a will or probate matters cannot be beat. Trusts and other conveyances are also available. Estate planning and guidance should you desire. Call me should you want to proceed.
After filing a motion for an inventory and non-compliance you have the choice of filing for a substitute personal representative or accelerating judicial review where the size of the estate warrants. Should you require assistance within the jurisdiction of Maryland, please contact me. (410) 799-9002 Joe Holthaus
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