Legal Question in Wills and Trusts in New Jersey
refunding bond and release form
Should I sign this form saying that I have received the money when in fact I haven't?? My brother is the executor and the attorney sent me this letter and also want the form notarized. Why should I sign it before I receive the money?
2 Answers from Attorneys
Re: refunding bond and release form
Traditionally, I do the same thing - send the form and wait to mail the check until the form is returned, properly completed, signed and notarized. This gives me the opportunity to be sure is has been completed properly, and does not need to be resent for corrections. The document is required to be filed with the Surrogate to complete the estate proceedings and the Executor is not discharged until documents from all beneficiaries of the estate have provided the necessary forms. The attorney is bound to mail the check when the properly completed document is returned to him, and, if he were not to send the check, he could be reported to the local ethics committee. I have found that in many instances, when a beneficiary receives the check in advance, they do not sign and rfeturn the forms or attend to any corrections.
Re: refunding bond and release form
As a practical matter, you won't get the money until you sign the form.