From our “Ask a Question” mailbag: Signing a Delaware County Executor Release of Liability
Most Recently Updated July 14, 2018.
“The attorney handling my uncle’s Delaware County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. The release document includes no details about how much he spent or other expenses. If I sign this, do I waive my rights to ask any questions?”
Peter Klenk, Probate Attorney
Signing a Delaware County Executor Release of Liability
A Receipt, Release, Refunding and Indemnification Agreement is a probate tool that allows the executor to distribute estate funds to a beneficiary with the promise from the beneficiary to return the funds if it later turns out they were distributed in error. The same form can contain language that, if you sign, means that you agree to take the funds without an accounting and waive your rights to ask future questions.
I would have to examine the document in order to tell you what rights you are waiving. It will mean retaining an experienced Probate Attorney to advise you, but that cost will be well spent in making sure you are not being cheated. If you have asked for information about the costs and expenses of the estate, including the executor’s commission, and have received nothing, then you should be very hesitant to sign that document.
More Probate Questions?
Releases of liability is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.
In Conclusion: Signing a Delaware County Executor Release of Liability
I hope that this article was helpful in explaining the release of liability. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!
Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys. By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!
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