Legal Question in Wills and Trusts in New York

Can an attorney hold a check until I sign a release form for him?

The surrogate judge granted a final decree to the closing of my mothers' estate, I was to receive from the Trustee a specified amount.

The Trustees' attoney sent me a ''copy'' of a check in the amount specified, but will not send me the check until I sign a copy of a release form that he had enclosed.

The form states that I am acknowledging the Executor/Trustee has fully and satisfactorily accounted to me as Executor for all moneys and property held by her as such Executor.

The blank spaces where my name should be filled in, is filled in with ''Me'' meaning me. There is an additional paragraph that states I waive the issue and will take no further proceedings relating or pertaining to the estate.

and want my signature notarized.

I want to know if signing this form is a requirment of Surrogate Court? It was not mentioned when the final decree was granted by the Court.

I know the trustee/sister financially exploited my mother prior to her death, and I plan to bring up issues pertaining to the estate and my mothers death which is now being investigated.

Can this attorney hold money that Court says is mine until I sign this release? If not what should I do?

Thanking you in advance


Asked on 9/16/05, 7:53 am

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Can an attorney hold a check until I sign a release form for him?

didn't you ask this question a short time ago -- look up the old answers(s) as they still apply

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Answered on 9/16/05, 10:38 am


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