Legal Question in Wills and Trusts in Tennessee
Receipt Of Heir Or Legatee
My mother-in-law's estate has been in probate for about a year. My husband's brother is executor and has hired an attorney to assist him. My husband and I recently each received a ''Receipt Of Heir Or Legatee'' which states that we acknowledge recipt in full of all funds and personal property due us. We were instructed by the attorney to sign, notarize and return the document, after which he will proceed to made distributions. We have only received about 12% of what we are entitled to according to the will. The estate home, according to the will, is to be sold and the money divided among the deceased's four sons. This has not been done. The attorney tells us that the estate home is a separate entity and will be dealt with separately. Do we sign this Receipt, or not?
1 Answer from Attorneys
Re: Receipt Of Heir Or Legatee
As a beneficiary of the estate, if you are not satisfied with the actions of the Executor, it would be advisable to not sign the Receipt. By not signing the Receipt, you are requiring the Executor to file a full accounting with the court which accounting you have the right to receive and review before the estate is closed.