Legal Question in Wills and Trusts in Pennsylvania
My grandmother recently died and the attorney assisting the PR sent a letter to all the heirs explaining the status of the estate showing all debts paid, Pennsylvania estate taxes paid, attorney fees and the amount for distribution to the heirs. There is to be a partial payment made shortly with 10% being held in reserve for future contingencies. The enclosed "Waiver and Agreement of Indemnity" asked the heir to acknowledge,sign and return the waiver although only for the partial amount (90%) "in full satisfaction of all money due to him."
1. Should I sign for a partial amount "in full satisfaction of ..." when I should receive an additional 10%?
2. Should I wait until the final accounting before signing anything releasing the PR from responsibility?
1 Answer from Attorneys
The procedure you describe sounds like the usual method of distributing to beneficiaries or heirs.
You would not receive your 90% distribution until and unless you sign the Waiver and Agreement of Indemnity. This document usually provides that in case additional debt or taxes are due, you will refund your proportionate share so that it may be paid by the PR. You may want to have an estates lawyer of your own review the document to make sure that you are not giving up any rights that should be yours.
When the final distribution is ready, you may ask the PR for an accounting before signing the release for the last 10%.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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