From our “Ask a Question” mailbag: 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?
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.
If you have questions about Probate or Estate Litigation in Delaware County, feel free to contact our office for a free consultation.