Legal Question in Wills and Trusts in Arizona

sign my waiver or you get nothing...

My sister claims to be the Executor of our parents Estate/Trust.

Our Mom passed away June 15 of 2006... since then my sister has

been demanding that I and our other sibs sign a ''release/waiver''

(that her Lawyer drew up) in order to recieve our share of the

Trust.

This is a 4 page contract that when signed, releases the

Executor from any and all mistakes she made while acting as

Trustee. I have refused to sign it, since I first saw it. -And have

made my reasons known to all, over and over again. I am the sole

''holdout'', as my 2 brothers and 1 sister did sign, but not

''willingly'', they were afraid they'd lose their modest 1/5 share

amounts if it went to Probate court.

Now she is ready to close the Estate and since I have refused to

sign this waiver... she has, now, sent me a check (for way less than

my 1/5th share) and wrote all over the check that ''endorsing

contitutes agreement to the waiver.'' -And she says, I have 10 days to CASH it or it's void and no further attempt will be made to

distribute the funds to me. I believe she has done many things wrong and some, maybe even illegally, as acting Executor. But, can she do this?


Asked on 1/09/08, 10:41 am

1 Answer from Attorneys
Gloria Meyer Meyer Law Office

Re: sign my waiver or you get nothing...

Your sister is obliged to give you the amount you are due under the Will, regardless of whether or not you sign the waiver. If you have reason to object, you should not cash the check, and you should make an objection to the court. You should consult an attorney to assist you with this so that your objections are presented in the proper form.

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Answered on 1/09/08, 2:06 pm


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