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Should I sign a Petition for Discharge as Executor for my uncle concerning my Grandfathers estate?

Blue Ridge, GA |

On 5/8/2012 I received a letter from a law firm asking me and my siblings to sign a petition discharging my uncle as executor of my grand fathers estate. I have never been notified as to what was included in the estate nor how it was dispersed. When I sign the petition I am stating that the estate has been fully administered. I don't think I can rightfully sign without knowing what was included in the estate and how it was dispersed. Am I correct?

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Attorney answers 4


While you may have not been an heir, I wouldn't suggest signing until you at least looked at the will, which is a public record at the courthouse. If you're not an heir, signing probably does you no harm (but it doesn't help you either). If you were an heir, see a lawyer ASAP.

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You probably CAN sign this without knowing more, but I do not think that you SHOULD. The probate file should be available for you to review. If you are going to receive a distribution, it would be odd for you to get this form without knowing anything about what has happened. If you are not supposed to receive anything, they may simply be asking you to sign off, indicating that you are not going to contest the Will or the administration. The reason they might seek this is if there is going to be a challenge, the executor would want to hold back assets to cover foreseeable expenses of defending the claims.

I am only guessing, here. You should meet with an attorney to review this with, before deciding to sign anything.

James Frederick

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You should ask for more information regarding the estate. You should also consult your own attorney. Something is very odd.

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Only beneficiaries have to sign a petition for discharge. Therefore, you may be a beneficiary. I would seek legal counsel immediately.