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Contesting PR fees - the closing of Estate. Sworn Statement filed.

Probate 2 views 2 answers
I have reviewed the previous information regarding PR duties, fees. I, too, inquire about the waiver / consent forms. I am PR closing Estate. The Will filed informal. Along w/ the Inventory, accounting & PR fees, I also enclosed the sworn statement to close the Estate. Negotiation was agreed upon b-4 the mailing. The Waiver/consent forms enclosed w/ a copy of the check. The check to be sent once the W/C is signed. This form indicates the IP's have 28 days to file a Petition to contest. Now IP's don't want to sign. .What happens if they don't sign and don't file a Petition? Is there a hearing? I want to distribute the money, close the Estate with the understanding the IP's cannot ever dispute the Estate. The W/C form does not state that. This doesn't protect the PR.

Attorney Answers

2
James Frederick ·
You are right. Of course, once the waiver/consent is filed, there is an implied release, because the beneficiary is saying that they received what they were entitled to. I have occasionally used release forms, when dealing with beneficiaries that I thought might contest. There is no duty to distribute the funds, if there might be a challenge. There is a 3 year statute of limitations, so theoretically, you could wait that long. I have also sometimes said that "no distributions will be made, until all waivers are returned." That way, the beneficiaries who have no problem signing can pressure the others to sign. The court will not automatically hold a hearing to approve the account/compensation. The PR would need to request it. If you are charging a fee for services, I would adjust the fee, as a result of the need for more services. James Frederick
0 upvotes
Peter Conway ·
I suggest that you reread Mr. Frederick's answer with some care. I believe that he is covering all of your bases for you.
0 upvotes

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