Legal Question in Wills and Trusts in Illinois
Receiving money from father's estate
The attorney for my dad's estate wants me to sign a Receipt and Approval of Final Report of Independent Representative. It states that ''I acknowledge that I have received my distributive share of the Estate...''. I HAVEN'T received the final payout. The lawyer says I must sign that form before I can get the last of the money due me as one of the benes. I don't know if that is the law or not. The lawyer's secretary says that form is to protect them (so I can't later say that I did not get the money). Please help!
3 Answers from Attorneys
Re: Receiving money from father's estate
That is standard operating procedure. Think of it this way...if they make your distribution to you before you sign a Receipt, then what incentive do they have to get you to sign a Receipt and why would you care to do so?
If it's important to you, then maybe you can arrange to simultaneously exchange the Receipt for the distribution check.
Re: Receiving money from father's estate
You can hand over the signed receipt at the same time. Or better yet, spell out in the final report how you are to be paid (i.e. check from trust account X on Day Y for amount Z.
Re: Receiving money from father's estate
Dear Friend,
Yes, you are required to sign the receipt, altho the form is certainly confusing, and has raised similar questions over the years. Once the Judge has closed the estate, you should get a check. If there's any trouble about getting the money, or if you have other questions, please feel free to contact me.
Sincerely,
Gerald Nordgren
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