Legal Question in Wills and Trusts in New York

release of estate funds

My elderly father and his sister both in their deceased brothers estate (funds have been released and are currently in an account with the sisters name and the attorneys name). In order to collect his portionof the estate; he has been told he needs to sign some sort of a release or receipt in order to collect the funds and/or just write a letter stating his wishes to his sister.

How does he go about this, can he just send her a letter asking for his share of the estate?

Does he need to include the attorney in this letter? ( i believe the attorney has already been paid)

Thank you


Asked on 9/06/07, 7:35 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: release of estate funds

Presuming he has received and approved an accounting of the estate, a document called a Release and Refunding Bond is usually required to be signed to receive his entitlement. This is a form that can be obtained either from the estate's attorney or the Surrogate's Office.

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Answered on 9/07/07, 11:26 am


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