Legal Question in Wills and Trusts in New York
Is it legal/ethical for an attorney (also acting as estate executor) to require a beneficiary to sign and have notarized a Final Receipt and Release to be returned to him before he will send the beneficiary the distribution check.
Most attorneys advise not to sign a receipt until you get the goods.
1 Answer from Attorneys
Traditionally, yes. We frequently run into beneficiaries who fail to return these forms and an estate cannot be closed with the Surrogate until all forms are signed and filed. For your protection, return the form by certified mail, return receipt requested, with a cover letter in which you ask the attorney not to process the form (hold it in escrow) until you receive your check. If he files it before you get your check, he will be in breach and you can then file a complaint against him.
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