At the end of Probate court-when the FInal Acct has been finalized and other accounts distributed, is it a CT law that a Release be signed by all parties? If so, is the Release just for the Probate Final Accounting or for survivorship as well?
No. There is no law that requires any release, nor would it be logical or helpful to ask for a release regarding a matter that has been judicially settled. As for survivorship, who would the survivor release?
Providing answers to questions on AVVO does not create an attorney/client relationship. It is not possible to provide legal advice in the context of question and answers on the internet. The "answers" posted are solely for the purpose of providing general information about legal matters. Consult an attorney licensed to practice in your state or jurisdiction before taking any action. Be advised that what you post on AVVO is not confidential and in a civil law suit may be discoverable.
Wills and Living Wills Lawyer
Beneficiaries and interested parties are never under any obligation to sign a release, and for purposes of closing the estate it is relevant to the court. A release has nothing to do with the probate court, it's just a way to immunize the fiduciary from the liability of a successor estate or successor in interest. A similar document, called a waiver, can be signed by all parties to streamline the approval of the probate court, but strictly speaking this is unrelated to a release, even though in some cases, particularly trust terminations, it is common to execute both.
Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any readerâ€™s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.