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Receipt for distributive share and request for consent settlement in Alabama. Final Disbursement of Estate.

Sanford, NC |

My father passed away about a year and two months ago and I have just received a letter to be signed by me that say is is the Acceptance of Service, Receipt for Distributive Share and request for Consent Settlement. In this letter from what I can understand it says that I am agreeing that I have received my share but I haven't. I asked the executor about it and I get no understandable answer. I want to make sure that I am not signing my rights to my part of the estate away by releasing the executor too soon. Please advise me as soon as possible as I am to sent this form back post haste. I don't want to hold up the process for my brothers and sister but I want to be sure what I am doing is correct.

Attorney Answers 3

Posted

Your instincts are good. If you sign the form, it sounds as though you will forever lose any right to claim a portion of your dad's estate. If your dad had more debts than assets, there might not be anything for you to claim. Consult with a local lawyer to get specific advice on your situation. Best wishes.

Rani K. Sampson (509) 663-5588 is a Washington attorney whose clients ask her to solve problems and negotiate difficult situations in real estate development, business formation and operation, estate planning, probate administration, and other matters. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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Posted

The best thing you can do is contact a local probate lawyer and bring that letter. Have that lawyer contact the lawyer who sent you the letter. Then your lawyer can explain to you exactly what's going on and whether you should sign it.

If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.

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Posted

This is a fairly common practice. The executor is entitled to money from the estate to defend any claims made against him/her. If all the money is distributed to the beneficiaries, there is nothing left to be used for that defense. So it is common to send out receipt (and often release forms, as well), which indicate that there are no issues. The money is then distributed. There are ways to protect yourself in this situation. If the executor cannot prove that the funds were distributed, the use of this procedure is not likely to cost you your inheritance. Having said that, it pays to be cautious. You might contact an attorney in Alabama for a consultation on how best to proceed. If the executor is represented by an attorney, you have some additional protection, because an attorney is not going to risk his/her license by participating in anything underhanded.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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2 comments

Donald Joseph Quinn II

Donald Joseph Quinn II

Posted

Why not contact the atty for the estate and tell him you will swap him the signed document for a check?

James P. Frederick

James P. Frederick

Posted

That was my thought, as well, but the estate is in Alabama and the client in NC.

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