Legal Question in Wills and Trusts in Georgia

Can a Will/Estate Executor force an Heir to sign a �Petition of Acknowledgement of Service and Consent to Petition for Discharge form� first, before Executor is willing to distribute an Heir�s portion of assets?

If Heir complies and sends signed form to Executor, can Executor then refuse to pay Heir their portion per the will?


Asked on 4/11/12, 10:27 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Can they (ie, is it possible)? Yes? Maybe? No one here has the documents and no one here knows the facts and circumstances you again chose to leave out.

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Answered on 4/11/12, 10:48 am

Nobody can "force" you to do anything. Whether you should sign or not is a different question. The executor is at risk if they are distributing estate property early, i.e., before approval is given by the tax authorities (if any taxes are owed). There are a number of reasons why an executor may want to make an early distribution, but before doing so, they usually get the beneficiary to sign a release first. Also, in some states, it makes confirmation a much smoother process if the executor gets pre-approval from the beneficiaries so maybe that is all that is going on here.

If there are no objections and things are fine, its probably ok for you to sign, but without knowing what state the estate is pending in or what the document says, I cannot give you any specific advice, However, if you have any questions about either the administration of the estate or the proposed distribution, then my advice would generally be not to sign the document. There may be a mechanism in which the executor must give notice to the beneficiaries and a formal confirmation hearing will be held at which you can raise any objections.

My suggestion would be for you to take the form and a copy of the estate file to a probate lawyer in the county/state where the estate is pending and pay him or her to review it to see if it is ok to sign or not and advise you as to what the procedure will be if you do not sign the form.

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Answered on 4/11/12, 7:53 pm


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