Legal Question in Wills and Trusts in New York

6 grandchildren were named as the beneficiary's of an estate. One of the grandchildren is also the executor of the will. She is trying to get us to sign a receipt and release on the estate. If we don't do this after a certain period of time can she still close out the estate without us getting our 1/6 of the residuary?


Asked on 1/22/10, 9:34 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

She needs the receipt and release for the Surrogate, so this seems to be a legitimate request. However, she should have provided you with an accounting so you are sure you are giving a receipt for all you are entitled to. This last point could change if the current distribution is only an interim one, and the receipt clearly states this. Thechnically, she could close out the estate, without your approval, by placing the funds with the Surrogate. However, this is very unusual where all beneficiaries are known and can be contacted.

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Answered on 1/28/10, 8:40 am


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